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IRS Employee Plans News, Special Edition, May 2009 (PDF)
Internal Revenue Service [IRS]
[Guidance Overview] May 19, 2009
2 pages. Excerpt: The proposed regulations allow an employer that suffers a substantial business hardship to amend its plan to reduce or suspend the plan's safe harbor nonelective contributions if all the following requirements are satisfied: [1] the plan is amended prior to the end of the plan year to reduce or suspend the safe harbor nonelective contributions; [2] the plan as amended, provides that the ADP test (and ACP test if applicable to the plan) will be satisfied for the entire plan year in which the safe harbor nonelective contributions are reduced or suspended; [3] all eligible employees must be given a 'supplemental notice' that explains the reduction or suspension of future safe harbor nonelective contributions and its consequences, the procedures for changing employee elections and the effective date of the amendment .... [three more conditions not shown here -- ed.]
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