401(h) in a profit sharing plan?

[Guest MichaelM]

Does anyone have experience with this and can you please comment?

[Guest Jeff Kropp]

401(h) permits an employer with an overfunded pension plan to transfer excess pension plan assets to a retiree medical account, in order to fund current retiree health benefit liabilities.

Ordinarily, a transfer of excess pension assets would be treated as a reversion (subjecting the employer to excise and income taxes on such amounts). 401(h) does not appear to apply to profit sharing plans (which by their very nature cannot be overfunded).

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[Guest Jeff Kropp]

I'll correct myself before someone else does.

The transfer of excess pension assets to a 401(h) account falls under Code Section 420, and applies to overfunded pension plans only.

As far as profit sharing plans, I am not sure if 401(h)retiree medical accounts may be a component of the profit sharing plan.

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[Guest ERISAAAAH]

a section 401(h) account is not permitted in a profit-sharing plan. See section 3.02 of Revenue Procedure 2000-6, I.R.B. 2000-1 187, issued on January 02, 2000.