Legal Question in Tax Law in Alabama

POP After Tax

We have a POP plan in place and offer our employees the option to withhold on a pretax or after tax basis. Does the code or law require us to offer employees an after tax option if they do not want to have money withheld pretax. Do you have a section to cite to support your view?


Asked on 3/09/07, 1:32 pm

1 Answer from Attorneys

Chip Browder Hubbard, Smith, McIlwain, Brakefield & Browder, PC

Re: POP After Tax

I am not familiar with the term you mention, "POP plan"

Sounds like you are describing a disability income plan, which generally is better to be an after-tax plan.

If your POP plan involved life insurance for the employees, that may be either pre-tax or after-tax contributions, so long as that insurance coverage is considered incidental to the retirement plan goals, generally less than 50% of the plan assets for a particular employee.

If by POP plan you are referring to health insurance/cafeteria plan options for your employees, that is permitted to be before tax, as health care reimbursements under the plan are generally tax-free income.

If these "stabs in the dark" don't address your specific Q, let me know and provide more specifics of your POP plan. have a blessed weekend and Lord's Day, chip

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Answered on 3/10/07, 9:12 am


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