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Tuition Reimbursement Plan


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Employer has a educational assistance program that generally meets the requirements of Code Section 127. The only possible issue is that, although all employees are eligible to participate, full-timers are eligible for reimbursement for up to $5,000 in expenses, while part-timers are only eligible for half that amount.

Will this program fail the nondiscrimination tests because of this discrepancy? Or does the reference in the regulations to the 410(b)i)(B) tests only require that all employees be eligible regardless of the maximum benefit?

Thanks!

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