Guest afreeling Posted May 8, 2006 Posted May 8, 2006 There are 2 conflicting sections of the Code (Section 105(h) and Section 125©) in regards to testing employer contributions under a Section 125 Cafeteria Plan. Are emploeyr contributions supposed to be looked at when perfroming Compliance Testing for Key/HCE? If so, how should they be accounted for? Can you direct me to something in writing regarding this topic? Thanks for your assistance. Have a great day!
QDROphile Posted May 8, 2006 Posted May 8, 2006 The Code sections do not conflict; they layer. Not all arrrangements are subject to 105 and not all are subject to 125. When they are subject to both (such as typical health FSAs), you have to test under both regimes. EBIA publishes materials on cafeteria plans with extensive coverage of testing, including testin under section 105.
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