Guest braunbj1 Posted August 30, 2003 Posted August 30, 2003 I am currently working with a school that operates within an indian reservation. Currently the teachers in that school are participating in the Tribes 401(k) plan. The school board wants begin a new and separate retirement plan for the teachers, a 403(b) contributory plan. Basically the employer will contribute 7.75% of salary if the employee does the same. The 401(k) guy is running interference by telling the tribal council that they will have to file a determination letter because of "multiple employer plans" according to IRC 7.11.1.2.1. Is there any truth to this, or is he just grabbing at straws? He also states that without IRS approval the tax exemption status of the Tribal 401(k) will be jeopardized. I also was wondering if the the school with have to file form 5500. I need some help to put the fires out.
GBurns Posted September 1, 2003 Posted September 1, 2003 Anyone can say anything that they want, it is up to the Tribe to make him provide the legal cites etc for his reasoning. I would encourage the Tribe to force him to put any and all of his comments in writing. Only after this is done could a rebuttal be made. If not he will always be a few steps ahead of you and your answers will never be right. The issue requires some research of specific knowledge of such affairs and there should be someone on the Forum who could provide guidance. By the way check your cite of "IRC 7.11.1.2.1" it does not seem correct. George D. Burns Cost Reduction Strategies Burns and Associates, Inc www.costreductionstrategies.com(under construction) www.employeebenefitsstrategies.com(under construction)
mbozek Posted September 2, 2003 Posted September 2, 2003 The tribe needs to retain tax counsel to review the proposed changes. I dont understand the reference to multiple employer plans since a 403(b) plan is not a qualified plan and an employer cannot obtain a determination letter for such a plan. Also I dont know what regulatory issues need to be addressed if no employees make over 90k since there would be no ADP/ACP testing. mjb
E as in ERISA Posted September 3, 2003 Posted September 3, 2003 That looks like a cite to the Internal Revenue Manual (IRM), not IRC. See http://www.irs.gov/irm/page/0,,id%3D102941,00.html#ss7, which only says that the IRS issues determination letters on multiple employer plans.
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