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ICompensation & <br />�eile�iS A�i.1r,iii' <br />A special bulletia from the <br />Arthur Young Compensation & Benefits Group <br />J.4 1988 <br />Gp*ahm © h Arth. lent <br />Section 89 and Welfare Bersefit Plan Compliance <br />71e 1986 Tax Reform Act (TRA) created a new Info <br />nil rsvenue Code Section 89 which esablishe: suict <br />uniform, nondiscrimination rules for welfare benefit <br />Plans. prior to Section 89, employee benefir plans <br />were subject to separate nondiscrimination rules for <br />each type of benefit and the specific Code section in. <br />volved. Health insurance plans were nor subject to <br />nondicrinintion tests <br />Section 89 nondiscrimination rates apply to the <br />following summry employee benefit plans: group term <br />life insurance (Sec 79) and accident or healrh plans <br />(Sec. 105 (e)). At the employer's election, Sec. 89 con <br />Rio Apply to the following plans: dependent cars <br />assistance programs (Sec. 129 (al), qualified group <br />Ito service Pisa$ (mrw expired, Sec. 120 {b)1, and <br />educational assistance plans (now expired, <br />Sec.127 (b)). <br />'These rules tie effective for pin ycers beginning tie, - <br />the earlier of December 31, 1988 or three months <br />following the issuance of Ttrasuzy regulations, Recent <br />information indicates that de reguitiona rill not be <br />released prior to the end of')86. in the case of coUec- <br />tiv, bargaining agreements entered into prior to March <br />1, 1986. the eL4tth c data is the father of the end of <br />the collective bargaining agreement or January 1, 1991. <br />Section 89 subjects plans to both genert! requirements <br />and specific tests. The following are the five general <br />requirements that all the above welfare benefit pins <br />must meet <br />• The plan must be in writing, <br />• The employee's rights are legally enfomesble, <br />= Employees see provided remonabh notification of <br />benefits snilsble under the plan, <br />• The pin is maintained for the ezrlusive benefit <br />of employee; and <br />• The plan was established with the intent of being <br />maintained for an indefaite period of time <br />Warm to amply ssrth aff of r& abase w p mall in <br />all tm?loyra Lsfixg their easployrr prosdded plea <br />gensfrrt fvckaied is g.w taxab7r!amve. <br />There see several noodiscimination Aso which accident, <br />health and group tram Ufa insurance plans must pass. <br />The ran in divided into ewo actions, eligibility and <br />benefits, with an alternative special tere Each employe, <br />mot ntisfy then era by ensuriaag tut the pin does <br />not dixriminte in furor of bighly compensated <br />employees. <br />A pin must meet all of rs,e following eligibility ears- <br />• 50% Test <br />At Fut 50% of the cmpl:yees eligible to part• <br />ipste are not highly compensated o4 aleH <br />natively, the percentage of highly compensated <br />eligible to ps.dcipate does note acted the <br />percentage similarly determined for noahighly <br />compensated. <br />Qnp <br />Arthur Young <br />A MEMBER OF ARTHUR YOUNG INTERNATIONAL <br />