esi-jht
Mar 13 2006, 10:04 AM
I'm drawing a blank but I'm thinking I read somewhere that compensation for allocation purposes cannot be limited by the plan document. For example, allocations will not be made on compensation over $50,000. Is this correct? If so, what is the cite. Thank you.
WDIK
Mar 13 2006, 12:13 PM
Treasury Regulation 1.414(s)-1(d)(2)(iii):
(iii) LIMITS ON THE AMOUNT EXCLUDED FROM COMPENSATION.
A definition of compensation is not reasonable if it provides that each employee's compensation is a specified portion of the employee's compensation measured for the otherwise applicable determination period under another definition. For example, a definition of compensation that specifically limits each employee's compensation for a determination period to 95 percent of the employee's compensation using a definition provided in paragraph © of this section is not reasonable. Similarly, a definition of compensation that limits each employee's compensation used to satisfy an applicable provision with a 12-month determination period to compensation under a definition provided in paragraph © of this section for one month is not a reasonable definition of compensation. However, a definition of compensation is not unreasonable merely because it excludes all compensation in excess of a specified dollar amount.
(emphasis added)
This, however, does not necessarily give give a carte blanche.
esi-jht
Mar 13 2006, 04:25 PM
THANK YOU!! That's exactly what I was looking for. I looked up and down through those regs and didn't see it. I really appreciate your help.
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