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#2196070 - 10/22/18 04:06 PM 401k matches
dutchbltz Offline
100 Club
Joined: Oct 2015
Posts: 207
I know this is probably an obvious question.... But I just am not seeing anything that sets my mind completely at ease about it.

For our Loan Originators - if the Bank does a 401k match, this amount would figure into compensations, but as long as it's the same match offered to all employees (based on a percentage of compensation the employee chooses to contribute), it does NOT count as a bonus for the computation of the 10%; correct?

This is what I believe to be true but I'm having a hard time feeling certain on it.

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Loan Originator Compensation Rule
#2196174 - 10/23/18 02:44 PM Re: 401k matches dutchbltz
TMatt87 Offline
Diamond Poster
TMatt87
Joined: May 2011
Posts: 1,987
Idaho
From 1026.36(d)(1)(iii):

(iii) An individual loan originator may receive, and a person may pay to an individual loan originator, compensation in the form of a contribution to a defined contribution plan that is a designated tax-advantaged plan or a benefit under a defined benefit plan that is a designated tax-advantaged plan. In the case of a contribution to a defined contribution plan, the contribution shall not be directly or indirectly based on the terms of that individual loan originator's transactions.

And Commentary:

i. Designated tax-advantaged plans. Section 1026.36(d)(1)(iii) permits an individual loan originator to receive, and a person to pay, compensation in the form of contributions to a defined contribution plan or benefits under a defined benefit plan provided the plan is a designated tax-advantaged plan (as defined in § 1026.36(d)(1)(iii)), even if contributions to or benefits under such plans are directly or indirectly based on the terms of multiple transactions by multiple individual loan originators. In the case of a designated tax-advantaged plan that is a defined contribution plan, § 1026.36(d)(1)(iii) does not permit the contribution to be directly or indirectly based on the terms of that individual loan originator's transactions.
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All opinions are my own, not my employer's

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