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Well, first, if the plan is disqualified, ALL of the participant/employees have consequences. Second, it's probably a career limiting move for any employee to "intentionally" jeopardize the qualification of the plan. Third, it is probably also a career limiting move if when changing jobs you lie to your new employer - who often (always, for my clients) ask if you've made contributions to another plan in that year, and if so, how much. Finally, and fourth, if, and only if, you violate the rules (a wrong in and of itself), the excess deferrals to the subsequent plan are "ineligible contributions" and therefore CAN NOT BE MATCHED. PERIOD. Now, if you keep mum (a stupid scenario in my mind due to the career limiting effect if caught), you are STILL not entitled to the match - and if a match is given on those monies, and caught, it is a disqualifying event.

Just don't do it. It's wrong. It has consequences to the plan, the employer, and ultimately to all employees and participants. Including terminating the liar.

Sorry. I just don't buy (ever) "gaming the system" for one's own gain when clearly the intent of the law is to not allow for such scenarios - and it could entail consequences for others. As an employer, I would terminate immediately one who did something like that.
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