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Is there anything "outstanding" with respect to Age 50 catch


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Guest STLGiant
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I'm trying to ascertain if with respect to a non-ERISA 403(B) for a public school district if there are any outstanding issues. My understanding from earlier threads is the following:

1) 100% of compensation (grossed up to include 125 deferrals and MECs for purposes of funding State Retirement Pension Plans, 457(f) arrangements) up to the 402(g) limit -- assuming no age 50. In other words $11,000 for 2002. In order to reach the 415© maximum of $40,000, it would therefore require an employer contribution of $29,000. (403(B) or 401(a) Board paid annuity I assume.

2) If the individual is over age 50, the $11,000 goes to $12,000. If the individual defers less than $11,000 the $1,000 age 50 catch-up can still come into play, irrespective of any discrimination testing in a qualified plan (i.e., if you fail the ADP test, $1,000 could be "recharacterized" as an age 50 amount? Of course this assumes the plan is subject to ERISA, which public school districts are never subject to).

3) If the individual is over age 50, and has over 15 YOS, the maximum would be $11,000, plus $3,000 (15-year catch-up), plus $1,000 for a total of $15,000--for the 403(B). If the individual has taken advantage of catch-ups under pre-EGTRRA law, how does this apply? Does the $5,000/year average past deferrals come into play as to whether one can achieve this limit?

In addition, if the individual is also participating in a 457 plan, what is the maximum based on somebody under age 50 or over age 50?

4) Have we come to a conclusion that the tax year, mentioned in the regs. truly means individual participant's tax year (typically calencar) as opposed to plan sponsor plan year which could be off-calendar?

Is there anything else missing. Is there a "definitive" thread or explanation on this site or others that explains this in "simple" English??

Thanks for your comments in advance.

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