Cafeteria Plan Document

[Guest Jen Willard]

For Cafeteria Plans, how do we know when to write new Plan Documents or just amend them? (Mid-year change in status, ERISA regs effective 7-1-02, etc.)

[mbozek]

I dont know if it really matters. All the regs require is a written document-- no signature/bd resolution is needed. Since there is no remedial amendment period for cafeteria plans as there is for qual plans under IRC 401(B) there is no deadline for making amendments. I assume that a 125 plan is like a 403(B) plan-- it is required to be administered in accordance with the law regardless of whether it is administered in accordance with its terms.