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Exclusion of Employees of 501(c)(3) Organizations in 401(k) and 401(m) Plans

Federal Register, March 16, 2004, Page 12291-12292


Internal Revenue Service (IRS), Treasury.


Notice of proposed rulemaking.


This document contains proposed amendments to the regulations under section 410(b) of the Internal Revenue Code. The proposed amendments permit, in certain circumstances, employees of a tax-exempt organization described in section 501(c)(3) to be excluded for the purpose of testing whether a section 401(k) plan (or a section 401(m) plan that is provided under the same general arrangement as the section 401(k) plan of the employer) meets the requirements for minimum coverage specified in section 410(b). These regulations will affect tax-exempt employers described in section 501(c)(3), retirement plans sponsored by these employers, and participants in these plans.


Written or electronic comments and requests for a public hearing must be received by June 14, 2004.


Send submissions to: CC:PA:LPD:PR (REG-149752-03), room 5203, Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-149752-03), Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC. Alternatively, taxpayers may submit comments electronically via the Internet directly to the IRS Internet site at

Further Information

Concerning the regulations, R. Lisa Mojiri-Azad, 202-622-6060, or Stacey Grundman, 202-622-6090; concerning submissions and delivery of comments, Treena Garrett, 202-622-7180 (not toll-free numbers).