If a plan permits the purchase of life insurnace at the discretion of the participant and the only participants that purchase life insurance are Key and HC employees, is this viewed as a discriminatory benefit/right/feature? Can you please cite a source?

Thanks

This would be under the 1.401(a)(4) regulations - specifically I believe it would be a "right or feature" under -4(e)(3) of the above cited reg. It shouldn't be a problem, unless the only life insurance product offered, for example, had a minimum premium that was too high for the rank and file to purchase it. Then it would fail to meet the "currently and effectively" available standard under the regs.