Form 4461-A - Application For Approval Of Master Or Prototype Or Volume Submitter Defined Benefit Plan Page 7
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127
Form 4461-A (Rev. 3-2008)
Page
10
Provisions applicable to all plans (continued):
For
Article or
IRS
j Top-heavy:
N/A
Section and
Change
Use
Page Number
(1)
If this plan does not fulfill the basic top-heavy plan requirements at all
Only
times, does the plan define the following terms—
(69)
(a)
Key employee?
(69)
(b)
Top-heavy plan?
(69)
(c)
Top-heavy ratio (as defined in section 416(g))?
(69)
(d)
Permissive aggregation group?
(69)
(e)
Required aggregation group?
(69)
(f)
Determination date?
(69)
(g)
Valuation date?
(69)
(h)
Present value?
(2)
Does the adoption agreement provide a section for the employer to
specify the interest rate and mortality table used in determining the
(69)
top-heavy ratio because of the required aggregation of multiple plans?
(3)
Does the plan provide that for the purpose of determining the top-heavy
ratio, the accrual rate used will be that used to accrue benefits under all
defined benefit plans of the employer, or where there is no such uniform
(69)
rate, the lowest accrual rate permitted under section 411(b)(1)(C)?
(4)
Does the plan provide an accrued benefit (determined without regard to
social security) which is at all times not less than 2% of the highest 5
consecutive years’ average compensation for each year of service (service
may be limited to service while the plan is top-heavy and to a maximum
of 10 years of service) for each nonkey employee participant who has
completed 1,000 hours of service including a nonkey employee who:
(70)
(a)
fails to make mandatory contributions to the plan?
(b)
is excluded from the plan because compensation is less than a
(70)
stated amount?
(70)
(c)
is not employed on the last day of the accrual computation period?
(d)
has his or her accrued benefit reduced in any way because of
(70)
permitted disparity?
(5)
If the minimum accrued benefit in (4) is in a form other than a life annuity
at normal retirement age, is such minimum accrued benefit at least equal
(71)
to the actuarial equivalent of the required minimum accrued benefit?
(6)
Are forfeitures of the minimum accrued benefit prohibited in the event a
participant:
(72)
(a)
works beyond the normal retirement age?
(72)
(b)
withdraws mandatory employee contributions?
(7)
Does the plan provide for vesting not less favorable than the vesting
described in section 416(b)?
(73)
k Amendment and termination:
(71)
(1)
Is there a provision for the sponsor or practitioner to amend the plan?
(2)
For an M&P plan, is there a provision for the employer to amend the plan
to satisfy sections 415 and 416 because of the required aggregation of
(72)
multiple plans?
(3)
For an M&P plan, does the plan prohibit adopting employers from amending
other than elective provisions (except to the extent necessary to satisfy section
415 or 416 because of the required aggregation of multiple plans, or as
permitted by sections 5.06, 5.09, and 19.03 of Rev. Proc. 2005-16) unless the
(72)
employer wants to cease participation in the plan?
Is there a provision for the employer to amend the plan to add certain
(4)
model, sample, or other required good faith amendments that specifically
provide that their adoption will not cause the plan to be treated as
(72)
individually designed?
(5)
Are the rights of all affected employees to benefits accrued to the date of
such termination or partial termination, to the extent funded as of such
(73)
date, nonforfeitable?
Does the plan provide that after merger or consolidation with, or transfer
(6)
of assets or liabilities to any other plan, benefits on a termination basis
(74)
will be no less than before the merger, consolidation, or transfer?
4461-A
Form
(Rev. 3-2008)
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