mjf06241972 Posted June 28, 2018 Posted June 28, 2018 Can a Fire District set up a 401k plan? Or does it have to be 403b or 457? It is a political subdivision of a Town and they, as a governmental entity, have the authority to assess taxes. It is not a tax-exempt entity granted exemption from income tax under IRC section 501(C). Thank you.
ETA Consulting LLC Posted June 29, 2018 Posted June 29, 2018 Doesn't appear as if a 401(k) or 403(b) would be permitted. A 457(b) plan would be allowed. Good Luck! CPC, QPA, QKA, TGPC, ERPA
Purplemandinga Posted June 29, 2018 Posted June 29, 2018 I'd think you could swing a 401(a) profit sharing only plan though.
Doc Ument Posted July 2, 2018 Posted July 2, 2018 I infer the firefighters are being paid, in which case I have nothing to say. If these are volunteer workers, then I have seen (many years ago) plans set up for volunteer firefighters, which (plans) did not fall under any of the usual federal tax provisions for tax-exempt plans, but are a creature of municipal law (i.e., the municipality is setting money aside for them, and I suppose such benefits are taxed as ordinary income when distributed). Generally such a plan is written by an attorney (and sometimes an actuary for a DB-style plan) working with the municipality. Typically the municipality has a specific law authorizing the plan and its formula, and an official who interprets/enforces that law).
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