determination date

(4) Other special rules For purposes of this subsection— (A) Rollover contributions to plan not taken into account Except to the extent provided in regulations, any rollover contribution (or similar transfer) initiated by the employee and made after December 31, 1983 , to a plan shall not be taken into account with respect to the transferee plan for purposes of determining whether such plan is a top-heavy plan (or whether any aggregation group which includes such plan is a top-heavy group). (B) Benefits not taken into account if employee ceases to be key employee If any individual is a non-key employee with respect to any plan for any plan year, but such individual was a key employee with respect to such plan for any prior plan year, any accrued benefit for such employee (and the account of such employee) shall not be taken into account. (C) Determination date The term “determination date” means, with respect to any plan year— (i) the last day of the preceding plan year, or (ii) in the case of the first plan year of any plan, the last day of such plan year. (D) Years To the extent provided in regulations, this section shall be applied on the basis of any year specified in such regulations in lieu of plan years. (E) Benefits not taken into account if employee not employed for last year before determination date If any individual has not performed services for the employer maintaining the plan at any time during the 1-year period ending on the determination date, any accrued benefit for such individual (and the account of such individual) shall not be taken into account. (F) Accrued benefits treated as accruing ratably The accrued benefit of any employee (other than a key employee) shall be determined— (i) under the method which is used for accrual purposes for all plans of the employer, or (ii) if there is no method described in clause (i), as if such benefit accrued not more rapidly than the slowest accrual rate permitted under section 411(b)(1)(C). (G) Simple retirement accounts The term “top-heavy plan” shall not include a simple retirement account under section 408(p). (H) Cash or deferred arrangements using alternative methods of meeting nondiscrimination requirements The term “top-heavy plan” shall not include a plan which consists solely of— (i) a cash or deferred arrangement which meets the requirements of section 401(k)(12) or 401(k)(13), and (ii) matching contributions with respect to which the requirements of section 401(m)(11) or 401(m)(12) are met. If, but for this subparagraph, a plan would be treated as a top-heavy plan because it is a member of an aggregation group which is a top-heavy group, contributions under the plan may be taken into account in determining whether any other plan in the group meets the requirements of subsection (c)(2).

Source

26 USC § 416(g)(4)


Scoping language

None identified. Default scope is assumed to be the entire title.
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