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Full Version: Is anyone aware of rules analagous to the QSLOB rules for Code Section
BenefitsLink Message Boards > Health & Welfare Plans > Cafeteria Plans
ptpnthr
No one responded on the other message board, so I thought I would try this board which seems to be more popular. Is anyone aware of rules analagous to the QSLOB rules for Code Sections 105 and 125?
Lisa Hand
Please give us a bit more detail about your question.
ptpnthr
Can you run discrimination testing for a cafeteria plan and a 105(h) arrangement separately for separate lines of business the way you can run discrimination testing under IRC Section 410(b) for separate lines of business? I know the 401(b) rules (really in 414®) don't apply to 125 or 105, but is there anything else out there that would allow you to do this, or any argument that you can use 414® rules for 125 or 105(h)?
SLuskin
I think that if it is a true control group situation, you have to test as one plan. However, the regs permit 2 Cafeteria Plans. This is very confusing.
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