Participation Agreement Interpretation
Posting by Phil Vivirito
Situation: The participation agreement between the employer and the plan called for contributions to be made on behalf of each covered employee “up to 12 % of the employee’s yearly gross wages.” The employer considers zero percent to be part of the “up to 12%.” The plan’s payroll auditor is looking at it as if the employer is failing to make contributions and is prepared to assess the full 12% per employee. Who is correct?
Both interpretations […]