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Full Version: 401(h) in a profit sharing plan?
BenefitsLink Message Boards > Employee Benefits in General > Miscellaneous Kinds of Benefits
MichaelM
Does anyone have experience with this and can you please comment?
Jeff Kropp
401(h) permits an employer with an overfunded pension plan to transfer excess pension plan assets to a retiree medical account, in order to fund current retiree health benefit liabilities.
Ordinarily, a transfer of excess pension assets would be treated as a reversion (subjecting the employer to excise and income taxes on such amounts). 401(h) does not appear to apply to profit sharing plans (which by their very nature cannot be overfunded).

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Jeff Kropp
I'll correct myself before someone else does.
The transfer of excess pension assets to a 401(h) account falls under Code Section 420, and applies to overfunded pension plans only.

As far as profit sharing plans, I am not sure if 401(h)retiree medical accounts may be a component of the profit sharing plan.

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ERISAAAAH
a section 401(h) account is not permitted in a profit-sharing plan. See section 3.02 of Revenue Procedure 2000-6, I.R.B. 2000-1 187, issued on January 02, 2000.
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