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Attorneys Argue IRS 401(k) Regs Impermissibly Require Counting of Service Due to Elective Deferrals (PDF)
Allen Buckley and T. Clayton Walts
[Opinion] Feb. 24, 2006
23 pages. Excerpt: Code section 411(a)(2) relates to vesting of accrued benefits 'derived from employer contributions.' The pertinent substantive issue is whether an elective deferral contribution under Code section 401(k) is an accrued benefit derived from employer contributions for purposes of the vesting provisions of Code section 411(a).
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