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401(k) 101: A Benefit for Employers and Employees Alike

HR Daily Advisor

A 401(k) plan offers employees the opportunity to defer a portion of their compensation into individual tax-deferred accounts on a pretax basis, thus avoiding income tax on those “deferred compensa­tion” amounts until the money in their accounts is distributed. Before joining CER in 2005, Ms. designer491 / iStock / Getty Images Plus.

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An Introduction to Cafeteria Plans: Permitted Tax-Exempt and Taxable Benefits

HR Daily Advisor

In addition, highly compensated participants lose the Section 125 protection from taxation if the cafeteria plan fails certain nondiscrimination tests. This prohibition on benefits that defer the receipt of compensation is a long-standing requirement of Section 125. Any other benefit that does not defer the receipt of compensation.

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Flexible Spending Accounts (FSAs): 2 Exceptions to ‘Use-It-or-Lose-It’

HR Daily Advisor

Arrangements outside a cafeteria plan adjusting salary to compensate for health FSA for­feitures may jeopardize the qualification of the FSA under Section 125 because this could be viewed as impermissible risk-shifting. Before joining CER in 2005, Ms. Carsen was a Legal Editor at CCH, Inc.

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401(k) Hardship Withdrawal Rules Explained

HR Daily Advisor

highly compensated employees), and confirm that each request is unique. Jennifer Carsen, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications, focusing on benefits compliance. Before joining CER in 2005, Ms. Multiple identical-looking requests can be a red flag for fraud.

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Employee Benefits Q&A: Can Employers Just Give Employees Money to Purchase Their Own Health Insurance?

HR Daily Advisor

However, if the employer is hoping to structure a more complex sort of “health reimbursement plan/stipend” under which the employees would receive additional, tax-free compensation provided that the employees use those funds to purchase health insurance in the individual market, then this type of plan can run into problems.

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CBO Releases Much-Anticipated Cost Estimate of ACA Repeal/Replace Plan

HR Daily Advisor

Additionally, tax credits available to individuals who lack offers of employment-based insurance would be available to individuals with a broader range of incomes than the current tax credits are, a change “that could make nongroup coverage more attractive to a larger share of employees.”. Before joining CER in 2005, Ms.