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Posted

Client acquired another practice in 2016.  They did not give credit for prior service with prior employer for purposes of vesting, etc.  Three doctors attained NRA (which is age 55 in this plan) during their employment with Client.   However, all of them worked less than 5 years before either retiring, quitting, etc.  Would they still be 100% since they met NRA while employed? Plan document just has checked "specific age"  age 55 - doesn't have the age/participation box checked.  So I am just asking if you agree that they would be 100% based on that?  It's a LOT of money as they fund their Profit Sharing every year.  Thanks!

Posted
On 8/3/2020 at 11:59 AM, Pammie57 said:

Client acquired another practice in 2016.  They did not give credit for prior service with prior employer for purposes of vesting, etc.  Three doctors attained NRA (which is age 55 in this plan) during their employment with Client.   However, all of them worked less than 5 years before either retiring, quitting, etc.  Would they still be 100% since they met NRA while employed? Plan document just has checked "specific age"  age 55 - doesn't have the age/participation box checked.  So I am just asking if you agree that they would be 100% based on that?  It's a LOT of money as they fund their Profit Sharing every year.  Thanks!

Of course they are 100% vested; you said that in your message.  They reached NRA while working, your plan fully vests at NRA. What is the issue? "Will they STILL be 100% vested"; if they ARE 100% vested, they remain so. Did you mean to ask "Do they BECOME 100% vested"?  And the answer is still YES.

Does that help at all?

Lawrence C. Starr, FLMI, CLU, CEBS, CPC, ChFC, EA, ATA, QPFC
President
Qualified Plan Consultants, Inc.
46 Daggett Drive
West Springfield, MA 01089
413-736-2066
larrystarr@qpc-inc.com

Posted

As support to Larry's comment, the original questioner may benefit by reading IRC 411 (Minimum Vesting Standards).  Specifically, see the first sentence of 411(a), and then see the definition in paragraph (8).  https://www.law.cornell.edu/uscode/text/26/411

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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