Watch employee turnover rate to avoid partial termination

Description

Abstract: If an employer lays off more than 20% of its plan participants over the course of a plan year — an unfortunate necessity for many employers during the COVID-19 pandemic — the IRS might deem that the company’s retirement plan has undergone a “partial termination.” If so, that would trigger the immediate vesting of all employer contributions made to the plan on behalf of the laid-off participants, even if they hadn’t satisfied regular vesting requirements. This article examines IRS guidance on the topic and reviews how the Consolidated Appropriations Act helps sponsors who had to lay off many plan participants during the COVID-19 crisis avoid the risk of having their retirement plan deemed to have experienced a partial termination.