Guest Texattny Posted March 22, 2005 Posted March 22, 2005 Are non-discrimination tests under IRS §129 applicable to political subdivisions? Specifically, is a political subdivision of the state required to perform the 55% Average Benefits Test for a dependent care FSA. Remember ERISA is not applicable to political subdivisions.
GBurns Posted March 22, 2005 Posted March 22, 2005 Neither section 125 nor 129 non-discrimination or other testing have anything to do with ERISA. They are requirements of the IRC and Treas Regs. George D. Burns Cost Reduction Strategies Burns and Associates, Inc www.costreductionstrategies.com(under construction) www.employeebenefitsstrategies.com(under construction)
Ron Snyder Posted March 23, 2005 Posted March 23, 2005 A few years ago in my city, a firefighter was audited by IRS. The auditor noticed that the flex plan in which he participated was not complying with IRS's proposed regulations. They ended up auditing 180 firefighters and disallowing the tax exclusion for reimbursements under the 125 plan.
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