POP Plan

[Guest pb97]

Greetings:

I am thrilled to have found this board as I have been getting conflicting advice from my broker and a couple of attorneys.

MY company just realized, because of another issue that came up, that we should have had a POP plan in place. The reason this came up is that we were exploring whether we could waive the employee contribution for a particular employee and in doing the research found that there was no plan document to guide us.

So we are now trying to get this resolved and get the plan document set up. However, there is still the issue of whether we can waive the contribution for this employee. An attorney told me we could so long as the plan doc allowed for it and the person was not an HCE and the company who administers our FSA who is now going to set up the POP for us says we cannot.

We are a nonprofit with 14 employees.

Thanks for any guidance.