OP! How's the "trust" drafting going so far?
I stopped back in because I'm in the Christmas spirit and I had my
plan and TRUST document out today to be sure I didn't mess anything up during the year. The penalties can be onerous if I mess up my S-Corp payroll taxes or 401K.
You'll notice that I said
plan and TRUST document above.
That was the point I was trying to make earlier - the plan is the TRUST (or creates the TRUST). A "plan" is a piece of page - it can't hold anything (cash, investments, etc).
The cover of my document literally says,
XXX, LLC
Profit Sharing Plan
ZZZ State Bank
Defined Contribution Prototype
Plan and Trust
Inside the Plan and Trust document one finds-
Article I – Definitions
Article II – Eligibility Requirements
Article III -Plan Contributions and Forfeitures
Article IV – Limitations and Testing
Article V – Vesting Requirements
Article VI – Distribution of Account Balance
Article VII – Administrative Provisions
Article VIII – Trustee and Custodian, Powers and Duties
Execution Page
Appendix A – Special Retroactive and Prospective Effective Dates
Appendix B – Basic Plan Document Override Elections
Appendix C – List of Group Trust Funds/Permissible Trust Amendments
The eight articles are made up of 42 sections where you define and/or allow/disallow such things as compensation, contribution types, disability, service hours, years of service, entry date, break in service, nonelective contributions (types, allocation, formula), annual testing, retirement age, early retirement age, acceleration on death or disability, vesting, separation distribution timing, in-service distributions/events, post-service and lifetime RMD distribution methods, beneficiary distributions elections, joint and survivor annuity requirements, allocation of earnings, valuation of trust.
That’s a sample of the section headers under the Articles; the sections have subsections. It's really just pages of check boxes and fill-in the blank.
I not sure but I don't think you can draft a plan that omits items/elections/options required by law; even if you don't think they'll ever apply to you.
While the rest of the USA is using IRS/DOL pre-approved prototype plans like mine, I understand you may not believe in or trust the IRS/DOL.
A quick goggle search tells me that the IRS user fee for submitting your plan for approval will be-
See Revenue Procedure 2020-4, Form 5300 (Application for Determination for Employee Benefit Plan) $2,700
Not my area of expertise but may be you'd qualify for user fee exemption. IRS Notice 2017-1, 2003-49, and 2002-1 pop up in google.
Good luck and Merry Christmas
PS Once you have your Plan and Trust you'll need to update it for changes in law.
The Execution Page of my plan, signed by a Trust Officer of the bank acting as Custodian for my Trust, contains the statement, " The Prototype Plan Sponsor identified on the first page of the basic plan document will notify all adopting Employers of any amendment to this Prototype Plan...
AND
The Prototype Plan Sponsor has obtained from the IRS an Opinion Letter specifying the form of the Adoption Agreement and the basic plan document satisfy, as of the date of the Opinion Letter, Code Section 401. An adopting Employer may rely on the Prototype Sponsor's IRS Opinion Letter
only to the extent provided in Revenue Procedure 2011-49.