k man
Nov 25 2003, 11:13 AM
would an amendment removing the deferral feature from a 401(k) be an impermissable cutback of benefits?
FundeK
Nov 25 2003, 12:13 PM
Is this a Profit Sharing/401(k) plan? If not, removing the deferrals from a 401(k) (that allows only deferrals and match) would be considered freezing or terminating the plan. Wouldn't it?
pax
Nov 25 2003, 01:12 PM
See IRS Reg. 1.411(d)-4 Q&A-1
d) Benefits that are not section 411(d)(6) protected benefits. The following benefits are examples of items that are not section 411(d)(6) protected benefits:
…
(5) The right to make after-tax employee contributions or elective deferrals described in section 402(g)(3);
http://www.access.gpo.gov/nara/cfr/cfrhtml...26cfrv5_00.html
k man
Nov 25 2003, 01:55 PM
pax, thanks. i discovered the reg after i posted.