John A
Oct 5 2000, 10:18 AM
Is there any reason that, as long as the plan document does not contain language preventing it, a 401(k) plan participant could not defer any $ amount up to the 402(g) limit from a single paycheck (presuming the paycheck is large enough)? So it would be theoretically possible for a 401(k) plan to allow a participant to defer $10,500 - or whatever the 402(g) limit is for the year - out of the participant's first paycheck for the year?
KJohnson
Oct 5 2000, 11:54 AM
If participant then quits after this large deferral you could have a 415 problem and it may play havoc with your ADP test if employee is an HCE.
Otherwise it would seem to be o.k. Haven't looked to see whether this is a 401(a)(4) benefit right and feature so that you would have to be clear that everyone (or at least the required number of NHCE's) could do it.
Jon Chambers
Oct 11 2000, 10:56 AM
I had a client once that paid large annual bonuses early in the year. Participant received a $1million bonus off a non-system check. Payroll records indicated that the participant had elected to defer at a 10% rate, so they withheld and contributed $100,000 to the plan. We fixed that awfully quickly.
General answer is that the entire 402(g) limit could be contributed with first payroll, unless there is a plan provision to the contrary (e.g. max percent of pay that can be contributed per pay period).
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