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Posted

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. 

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.

Posted
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?

Posted

You'd still need to worry about the universal availability test, but that's about it.

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.

Posted
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.

Posted
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, ERPA

Two wrongs don't make a right, but three rights make a left.

Posted
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.

Posted
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, ERPA

Two wrongs don't make a right, but three rights make a left.

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