Guest Pennysaver Posted February 5, 2009 Posted February 5, 2009 Are governmental entities exempt from the nondiscrimination testing of a 125 plan? If so, can anyone provide the cite to the pertinent regulation? Thanks!
J Simmons Posted February 6, 2009 Posted February 6, 2009 I know of no exemption from the cafeteria discrimination rules for cafeteria plans. Since there would be no owner employees, the only key employees (for purposes of the 25% concentration test) would be those who are officers earning more than $160,000 in 2009. Also, for the other testing, there would be no HCEs by reason of ownership interests. 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.
Chaz Posted February 10, 2009 Posted February 10, 2009 Governmental entities are generally exempt from ERISA but not from the nondiscrimination rules in the Internal Revenue Code.
Guest Pennysaver Posted February 19, 2009 Posted February 19, 2009 I concur. Your responses confirm my research. Thanks to you both!
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