long
Dec 30 2004, 07:20 PM
Does anyone know if a mandatory employee contribution to a money purchase pension plan (as a condition of employment) is subject to FICA or income tax? In other words, is the contribution treated as an after-tax employee contribution or an employer contribution (which is not subject to income or FICA taxes)?
Pensions in Paradise
Dec 30 2004, 07:30 PM
After-tax employee contribution.
mbozek
Dec 31 2004, 10:13 AM
If the employer is a govt entity, mandatory contributions can be excluded from income tax as an employer pick up under IRC 414(h)(2).
jehmig
Dec 31 2004, 01:22 PM
We have several clients with postal trucking contracts who have money purchase with required contributions and these are NOT subject to FICA.
GBurns
Dec 31 2004, 04:04 PM
USPS contracts are under the Service Contract Act (DBRA) and have their own prevailing wage rules that are not applicable otherwise.
long
Jan 4 2005, 06:45 PM
I agree they are after-tax contributions -- no FICA or income tax exemption applies. See e.g. Public Employees Retirement Bd. v. Shalala, 153 F.3d 1160 (10th Cir. 1998) and PLR 20030500.
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