I hate short plan years

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
Contact

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

When drafting new 401(k) plans for clients during the middle of the year, I like drafting them with an effective date of the first of the year and with deferrals effective as of when they can run the plan with payroll. Like with Apple, I think simplicity is the ultimate sophistication. A short plan year requires a proration of the annual compensation limit. This could be an issue if Highly Compensated Employees want to maximize their deferrals in a non-Safe Harbor plan and with the short plan year, are the only ones that could do that.

Of course, what I like is irrelevant to the plan sponsor who may have to fund contributions. By pro-rating the Plan year and the compensation, they pro-rate their contributions and could save some serious money, especially if the plan is a safe harbor. I like what I like, but I let plan sponsors figure out how to spend their money.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Written by:

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide