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Form 5330 Memphis Tennessee: What You Should Know
Sec. 1021(a)(34)) “403(b) plan” means an individual retirement account (IRA), a Keogh plan, a SIMPLE IRA, or a similar plan operated by a fiduciary of an individual, including a trust that is subject to the IRC Section 408(q), or, if a governmental plan, an entity or individual under its control that is subject to Regulation Section 401(k) and that is established to administer the plan or, if an IRA trustee or fiduciary or a fiduciary of an individual is a governmental plan, to administer or benefit the plan. (Sec. 403(b)(4)) “Qualifying retirement expense” is an expense for compensation, benefits, or payments or benefits provided by a provider of an eligible plan, provided to an employee under a qualified compensation plan, (a) that is described in the plan and that satisfies the requirements for providing qualified benefits to a participant in that plan; or (b) that is compensated in an amount that is in excess of the employee's deduction (including the employer's, but not the employee's, allocable share) for that employee's qualified compensation (as defined in Sec. 202(g)(4)). (Sec. 5(a), 552(a)(3)(A)(i)(II)) “Plan participant” is defined in Sec. 403(b)(12)(A) and excludes those employees who are covered by employer-sponsored retirement plans, including retirement plans for government employees under an executive branch agency, that offer no more than the same level of benefits and that, under IRC Section 402(h)(14), are not qualified retirement plans. (Sec. 403(b)(12)(A)) “Qualifying retirement plan” is a plan of a governmental entity or state, local or foreign government, and any other plan of a private entity that qualifies for a tax exemption set forth in Section 411(c)(3) or a similar tax exemption in any other Code in effect on the date on which the qualified retirement benefit is provided pursuant to the plan. (Sec. 402(c)(6) and (7)) “Qualifying compensation” is defined in Sec.
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