PhilB

One other caveat - the program would not be offered to all employees of a select pay range or classification. There would be some selection based on merit or other issues as deemed appropriate by the officers of the company. Does that present problems from a regulatory or nondiscrimination standpoint in offering a program of this type?

Does ERISA or any other regulation require a company to explain in the SPDs that the retirement benefits are "different" from the benefits employees receive as actives? Specifically, does there need to be a statement to the effect that the benefits cost more and are more restrictive (cover less, higher deductibles, copays, etc.) than the benefits they received as active employees? If so, is there a specific regulation code someone can point me to - Any input appreciated!

The idea is to provide an additional benefit for HCEs.....this would serve as an additional retention tool for executives in the company. I don't believe that the benefit, which would be 100% company paid, can be pre-taxed. But I am also wondering whether there are discrimination testing requirements for these type of plans.

My understanding is that financial planning programs are not considered ERISA welfare benefit plans. Can you pre-tax contributions? If the benefit is 100% employer paid, are there any discrimination testing requirements for these plans? Any information or referral for a research source would be appreciated.

I believe Business Insurance magazine has an annual issue with this information.