Jump to content

402g failure - two plans, one plan terminated mid year


Recommended Posts

Posted

Company A sponsors a traditional calendar year 401k plan. Employee A contributes $19,500 during 2021 (not catch up eligible) to said plan. Company A goes out of business and terminates their plan May 2021. The plan fails the 2021 ADP test and Employee A receives a refund of $9,500. 

Employee A is hired by unrelated Company B. Employee A contributes $9,500 to Company B's 401k plan during 2021. 

Question - can the $9,500 ADP test refund be considered a return of excess deferrals and therefore the 402g failure has been corrected? 

Thank you

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Terms of Use