Discrimination in Employee Benefit Plans
IRC Section 105(h)
– Database-Provided Work-Product
Background Reading
IRC Section 105(h) provides four eligibility tests; (a) 70%; (b) 70/80%: (c) Fair Cross-Section and (d) Benefits Ratio Tests that provide measurable or quantitative results. It also provides for a quantitative test for non-discriminatory benefits called the Benefits and Contributions tests. This Work-Product uses all five of these tests to determine whether or not the Plan is non-discriminatory.