 To qualify for favorable tax treatment, a Section 125 plan (or cafeteria plan) cannot discriminate in favor of highly compensated employees. This Compliance Overview provides a general summary of the three nondiscrimination tests for cafeteria plans: (1) the eligibility test; (2) the benefits and contributions test; and (3) the key employee concentration test. It also discusses exceptions and safe harbors that apply to the nondiscrimination tests.
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