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Match/Full Time/Discrimination


Guest jcrawford24

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Guest jcrawford24

501©(3) org sponsors 403(b) plan with match. All employees who work 20 or more hrs/week are eligible to salary reduce. Full time employees (defined as 35 hrs/week) are eligible to receive match. The org has no HCEs. I'm trying to determine whether the match satisfies the non-discrimination tests applicable to 403(b) plans. Any insight would be greatly appreciated. Thanks in advance.

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IRC sec 403(b)(12)(A)(i) specifies that IRC sec 401(m) applies. IRC sec 401(m) is satisfied by definition if there are no HCEs. So I do not think you have a discrimination problem.

John Simmons

johnsimmonslaw@gmail.com

Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.

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