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Benetech Salary Reduction Agreement

Employee deferrals are considered an allowance to determine whether a basic contribution is required, but not to meet the basic contribution requirement. Therefore, in a plan 401 (k) without Safe Harbor rules, if a “Key Employee” set aside the salary in a basic plan, a reference contribution requirement for that planning year would be triggered, even if the company does not pay participation or profit-sharing bonuses. Compensation for the non-owners` plan is generally defined as all W-2 salaries, including bonuses, overtime, wage deferrals, etc. Other definitions of compensation could lead to specific discrimination tests and significantly complicate the management and management of the plan. When a participant does not make an election, the plan sponsor treats the participant in such a way that he has opted for the salary deferral. A participant can make a choice to defer a portion of their salary to a 401 (k) plan as a pre-tax or after-tax contribution (i.e. ROTH). These contributions are called “salary deferrals” (or “deferrals.” The deferral of a participant must not exceed the dollar ceiling set by the IRS for the calendar year ($19,000 in 2019) and must not exceed 100% of the gross salary (in practice, the ceiling of the plan should be set at 90% to allow social security and other deductions). A participant 50 years of age or older can make an additional catch-up deferral of $6,000 (2019 limit, annual). Other business limits or contributions can further reduce the percentage a participant can contribute to the plan. Participants must be given the opportunity to defer salary under the plan, including the possibility of not deferring salary. It must not take more than 12 months of timely service to participate in the pay deferral and the safe portion of the port of a plan 401 (k).

However, participation in other parts of a defined benefit plan or defined benefit plan may take up to 24 months, provided that all participants are immediately 100% required when the plan is introduced (i.e., no implementation schedule can be used for funding periods greater than 12 months). As a general rule, Benetech recommends combining a DB plan with a plan 401 (k) since the contributions of the proprietary-DB plan are not affected by a contribution to a 401k plan), provided that contributions to Plan 401 (k) are limited to the following points: (i) salary deferral and (ii) profit participation that does not exceed 6% of the owner`s compensation. This allows the owner to make additional discretionary contributions of $19,000 in salary deferral (US$25,000, if the owner is 50 years of age or older, plus a contribution of 6% of the profit-sharing contribution (no more than $16,800, or 6% x $280,000, with the maximum W2 being taken into account in 2019).

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