justatester Posted October 1, 2012 Posted October 1, 2012 Here is the situation... Client has a MPP plan with an ER contribution of 2%. In the MPP plan, they also have a matching contribution of 3% if the employee contributes 2.5% to the 403(b) plan. The plan is part of a larger controlled group and Average Benefits testing is required. Would the pretax deferrals in the 403(b) plan need to be included in the ABT test? I am including the ER contribution and the match in the ABT test.
ETA Consulting LLC Posted October 2, 2012 Posted October 2, 2012 I would say no. The ABT is under IRC 401(a)(4). The only reference to Section 401(a) of the IRC for 403(b) plans would be when the employer actually funds "Employer Contributions" to the contract (Plan). Good Luck! CPC, QPA, QKA, TGPC, ERPA
Tom Poje Posted October 2, 2012 Posted October 2, 2012 the toolkit appears to be on the money... reg cite is 1.410(b)-7(f) Section 403(b) plans which refers to 403(b)(12)(i)\with respect to contributions NOT made pursuant to a salary reduction agreement... Q and A #10 2008 ASPPA Conference If matching or nonelective contributions to a §403(b) plan are used in the average benefits percentage test to satisfy the IRC §410(b) coverage requirements, are the §403(b) deferrals included in the average benefit percentage calculation as well? You should exclude salary deferrals from ABT test. See Treas. Reg. §1.403(b)-5.
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