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Posted

I have a client that has a main entity, which owns various LLC.  They want to setup a plan, but have different Plan entry requirements:

Main Entity - Entry after 1 year of service (with a vesting schedule)
Sunsidiary LLC - Entry after 2 years of service (knowing that anyone who qualifies would become immediately 100% vested)

There are numerous subsidiary LLC, but most of the employees are temporary so they are looking to keep them out of the Plan legally.  I believe setting it up with two different sets of entry requirements is alright, but I just wanted to confirm.

Thanks in advance!

Posted

You cannot use the 2 year of service rule with a 401(k) plan (or the 401(k) feature of a profit sharing plan).

Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance.

Corey B. Zeller, MSEA, CPC, QPA, QKA
Preferred Pension Planning Corp.
corey@pppc.co

Posted

You can do it, but watch your coverage test. From the way you describe it, it sounds like most of the people subject to the 2-year eligibility are going to be NHCEs.

Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance.

Corey B. Zeller, MSEA, CPC, QPA, QKA
Preferred Pension Planning Corp.
corey@pppc.co

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