Christine Roberts Posted August 31, 2001 Posted August 31, 2001 Employer wants to make sliding scale contributions to employees' FSAs, based on longevity of employment; e.g., $500 for employees w/0-2 years of employment, $1,000 for employees with 2 - 5 years, and up. Only one HCE is employed, that person is not necessarily in the highest longevity bracket. Presuming the plan passes the key employee concentration test, would this arrangement be permissible?
SLuskin Posted September 6, 2001 Posted September 6, 2001 I don't believe this passes the availability test.
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