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TREAS/IRS | RIN: 1545-BC87 | Publication ID: Spring 2005 |
Title: Exclusion of Employees of 501(c)(3) Organizations in 401(k) and 401(m) Plans | |
Abstract: This action amends the Income Tax Regulations (26 CFR part 1) under section 410(b) of the Internal Revenue Code of 1986 (Code). The proposed amendments would allow a section 401(k) plan or a section 401(m) plan that is provided under the same general arrangement as the section 401(k) plan to treat employees of an organization described in section 501(c)(3), which is exempt from tax under section 501(a), who are eligible to make salary reduction contributions to a tax-sheltered annuity pursuant to section 403(b) (a section 403(b) annuity) as excludable employees for the purpose of testing whether such plans meet the minimum coverage requirements specified in section 410(b). Congress ordered a modification of the current rule in the Economic Growth and Tax Relief Reconciliation Act of 2001 (Pub. L. 107-16, 115 Stat. 38). | |
Agency: Department of the Treasury(TREAS) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 26 CFR 1 | |
Legal Authority: 26 USC 7805 |
Legal Deadline:
None |
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Timetable:
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Additional Information: REG-149752-03 Drafting attorney: Lisa Mojiri-Azad (202) 622-6060 Treasury attorney: W. Thomas Reeder (202) 622-1341 CC:TEGE | |
Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
Agency Contact: Lisa Mojiri-Azad Assistant Branch Chief Department of the Treasury Internal Revenue Service 1111 Constitution Avenue NW., Washington, DC 20224 Phone:202 622-6060 |