Description of H.R. 2730 (Pension Access And Simplification Act of 1991) Jcs-12-91

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408(k)(6)). If an employee elects to have contributions made on the employee's behalf to the SEP, the contribution is not treated as having been distributed or made available to the employee. In addition, the contribution is not treated as an employee contribution merely because the SEP pro- vides the employee with such an election. Therefore, an employee is not required to include in income currently the amounts the em- ployee elects to have contributed to the SEP. Elective deferrals under a S...EP are to be treated in the same manner as elective de- ferrals under a qualified cash or deferred arrangement and, thus, are subject to the $8,475 (indexed) cap on elective deferrals.
The election to have amounts contributed to a SEP or received in cash is available only if at least 50 percent of the employees of the employer elect to have amounts contributed to the SEP. In addi- tion, such election is available for a taxable year only if the em- ployer maintaining the SEP had 25 or fewer eligible employees at all times during the prior taxable year.


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