Do you have employee plans that count low-paid, short-service
employees as plan participants? The IRS believes that such plans may be designed
to openly satisfy nondiscrimination rules under tax code Section 401(a)(4),
while actually being discriminatory according to a recently-issued IRS directive
(copy attached). If you have such an arrangement, or were thinking of
establishing such an arrangement, you may want to rethink such a strategy as the
IRS has indicated that it will challenge such arrangements as being
discriminatory.
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