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REPORT TO PLAN SPONSORS
December 2009

Legislative Proposal for Cross-Testing

Congressman Lloyd Doggett from Texas—who sits on the House Ways and Means Committee—is introducing a legislative proposal entitled the “Retirement Fairness Act.” More importantly, the proposal would eliminate cross-testing for benefits or contributions. The concern is the obvious one . . . that cross-testing allows older and higher compensated employees to receive allocations that he asserts are discriminatory.

Unfortunately, it does not appear that the Congressman gave consideration to the incentive that many believe that cross-testing gives to the formation of plans and/or to the rank-and-file contributions that are required for cross-tested plans.

ASPPA has already announced that it will vigorously opposed the proposal.


Any U.S. federal income tax advice contained in this communication (including any attachments) is neither intended nor written to be used, and cannot be used, to avoid penalties under the Internal Revenue Code or to promote, market or recommend to anyone a transaction or matter addressed herein.

© 2009 Reish & Reicher, A Professional Corporation. All rights reserved. The REPORT TO PLAN SPONSORS is published as a general informational source. Articles are general in nature and are not intended to constitute legal advice in any particular matter. Transmission of this report does not create an attorney-client relationship. Reish & Reicher does not warrant and is not responsible for errors or omissions in the content of this report.

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