metsfan026 Posted June 20, 2024 Posted June 20, 2024 Good morning! I just wanted to confirm what, if any, non-discrimination testing is necessary for a 403(b) Plan? Thanks in advance!
Carol V. Calhoun Posted June 20, 2024 Posted June 20, 2024 If the plan is a church plan, no nondiscrimination requirements apply. If it is a governmental plan, the only testing is the universal availability rule, which requires that with very limited exceptions, if any employee can contribute, all must be allowed to contribute. For other plans, all of the tests applicable to a 401(a) plan, other than the ADP test, apply. Luke Bailey and Bri 2 Employee benefits legal resource site The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.
metsfan026 Posted June 20, 2024 Author Posted June 20, 2024 3 minutes ago, Carol V. Calhoun said: If the plan is a church plan, no nondiscrimination requirements apply. If it is a governmental plan, the only testing is the universal availability rule, which requires that with very limited exceptions, if any employee can contribute, all must be allowed to contribute. For other plans, all of the tests applicable to a 401(a) plan, other than the ADP test, apply. It's a school Plan. So there's no ADP Test and there is no matching in the Plan so no discrimination in that regard (it's Employee money only), so is there anything else that would be needed?
Carol V. Calhoun Posted June 20, 2024 Posted June 20, 2024 You'd still need to worry about the universal availability test, but that's about it. Luke Bailey 1 Employee benefits legal resource site The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.
metsfan026 Posted June 20, 2024 Author Posted June 20, 2024 Just now, Carol V. Calhoun said: You'd still need to worry about the coverage test, but that's about it. Thanks! Everyone is eligible to participate, so that shouldn't be an issue either.
BG5150 Posted June 20, 2024 Posted June 20, 2024 2 hours ago, Carol V. Calhoun said: You'd still need to worry about the universal availability test, but that's about it. 402(g), 415. QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
Carol V. Calhoun Posted June 20, 2024 Posted June 20, 2024 1 hour ago, BG5150 said: 402(g), 415. Sure. They had only asked about nondiscrimination testing. Employee benefits legal resource site The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.
BG5150 Posted June 20, 2024 Posted June 20, 2024 8 minutes ago, Carol V. Calhoun said: Sure. They had only asked about nondiscrimination testing. true. i guess I'm just used to throwing those in with the rest of the reports in our annual "compliance reports" QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
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