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Why does the McKay Hochman Co., Inc. EGTRRA Basic Plan Document use Code Section 3401(a) compensation as the default definition of compensation?
Rev. 04/24/09; E-mail Alert 2009-6

Section 3401(a) compensation is based on a participant’s actual earnings against which there is income tax withholding. Employers generally find it easier administratively to use this as the plan’s definition of compensation than Section 6041/6051 or Section 415 compensation.

The other types of compensation available within our prototype include wages that are likely not part of a participant’s paycheck, yet are included on the W2 at the end of the year.  These amounts include non-cash fringe benefits.  Employers electing to use these other types of compensation could find themselves running into a situation where employer contributions are calculated incorrectly, since in many situations the compensation used in calculating per payroll employer contributions is based on the earnings that are actually included in a participant’s paycheck. It is hard to accurately defer against amounts that are not reflected as cash earnings.

 


To learn more, call 973-492-1880 or e-mail info@mhco.com.

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