Jim Chad
Dec 14 2008, 11:17 AM
I wonder what people think of this. Document allows catchup contributions. Employer is thinking about simplifying his life by stopping everyone ate $16,500 in 2009. Is it ok to make this kind of administrative decision or should we amend the Document?
J Simmons
Dec 14 2008, 11:53 AM
Amendment needed. The plan must be operated as written, to the extent consistent with ERISA. Otherwise, a fiduciary violation. ERISA § 404(a)(1)(D).
Jim Chad
Dec 14 2008, 09:44 PM
Can you give me an example of anything that can just be a payroll policy?
J4FKBC
Dec 14 2008, 10:48 PM
Unless your document has a requirement in it, the procedure and the timing for how often deferrals may be changed is normally administrative (meaning it does not have to be in the document).
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