Alex Daisy
Jan 10 2008, 03:45 PM
Are there special rules for partners in a 401(k) Plan. A LLP has a 401(k) Plan that matches 4% on employee deferrals. Can the partners also get the match?
WDIK
Jan 10 2008, 04:48 PM
Do they have compensation as defined under the terms of the plan?
Tom Poje
Jan 11 2008, 07:10 AM
in the 'old' days' [what was it - before 1997 or 1998 or something like that]a partners match was actually treated as or considered a 'deferral'. that was eliminated awhile ago
so, yes at one time there were special rules (a partners match was used in the ADP test rather than the ACP test, which of course could easily cause a plan to fail)
but now, see 1.401(k)-1(a)(6)(ii) that was eliminated under the rules.