Felicia Posted February 14, 2001 Posted February 14, 2001 Can a cafeteria plan provide that if the employee does not use up his beneifts by the end of the year, a contribution for the unused portion will be put into a non-Title 403(B) plan?
Greg Judd Posted February 14, 2001 Posted February 14, 2001 Originally posted by Felicia Can a cafeteria plan provide that if the employee does not use up his beneifts by the end of the year, a contribution for the unused portion will be put into a non-Title 403(B) plan? Help us out a bit with "non-title 403(B) plan". What might that mean?
Felicia Posted February 14, 2001 Author Posted February 14, 2001 I meant a 403(B) plan that is not subject to Title I of ERISA, i.e., is not required to comply with certain laws/regulations relating to qualified plans that were issued by the Department of Labor.
Bob R Posted February 16, 2001 Posted February 16, 2001 The problem is that Section 125 only permits deferrals to a 401(k) plan. A 403(B) plan is a type of deferred compensation plan under the Code. The fact that it might be exempt from ERISA doesn't change that. So, I do not think you can put the unused funds into a 403(B) plan.
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