Guest inquiry2 Posted October 20, 2003 Posted October 20, 2003 I work for a small law firm of three attorneys and 4 staff people. Attorneys A and B are partners and highly compensated. Attorney C is not currently highly compensated, nor is any of the staff. Only Attorney C wants to use dependent care. Can the firm set up a dependent care plan for only Attorney C? Must the firm follow the normal procedures to set up a dependent care plan? Can deductions be made only from the time the plan is set up?
E as in ERISA Posted October 20, 2003 Posted October 20, 2003 Is attorney C a "key employee" as defined for the top heavy rules. It's been quite a while since I looked at it, but if I recall correctly the part of the 125 and/or 129 discrimination rules that use the "key employee" definition are more likely to trip you up. See a Q&A on 125/129 for a small company at http://benefitslink.com/modperl/qa.cgi?db=qa_125&id=20
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