Description of Certain Bills And Discussion of Issues Relating to Section 89, Nondiscrimination Rules Applicable to Certain Employee Benefit Plans : Scheduled for a Hearing Before the Committee On Finance On May 9, 1989 Jcs-10-89

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These rules are to take into account the fact that salary reduction contri- butions provide a tax-benefit to high-paid employees, but represent employee cost for low-paid employees. Consequently, these rules may also permit salary reduction to be characterized differently with respect to highly compensated and rank-and-file employees.
The exclusion of salary reduction contributions of high paid em- ployees may create inappropriate results if such employees can re- ceive a significant portion of
... their benefits through salary reduc- tion. For example, suppose a highly compensated employee can purchase $5,000 of health benefits through salary reduction. If salary reduction is disregarded, the employee will be treated as re- ceiving no benefit for purposes of the 90-percent/ 50-percent test.
This treatment is inappropriate because the salary reduction con- tributions are a significant tax-favored benefit.
On the other hand, the inclusion of salary reduction may create inappropriate results if a significant portion of the rank-and-file are required to purchase a significant portion of their benefits 9 through salary reduction because at some level of contribution, salary reduction is not effectively available to the rank-and-file be- cause of its cost.


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