A&H Policy ProvisionsQuestion 296 of 315

Which statement BEST describes a 'Section 125 cafeteria plan'?

a.It is a defined-contribution retirement plan that lets employees pick from a 'menu' of mutual funds
b.It is a federally subsidized cafeteria meal-benefits program for low-income workers
c.It is a non-qualified plan under which the employer makes contributions taxable to the employee
d.It is a written plan under IRC §125 that allows employees to choose between cash compensation and qualified non-taxable benefits (such as group health premiums, HSA contributions, FSA contributions, dependent-care FSA, and group term life up to $50,000); employee contributions are made pre-tax, reducing federal income, Social Security, and Medicare wages

Explanation

A 'cafeteria' or Section 125 plan under IRC §125 is a written employer plan that gives each employee the choice between (a) cash (taxable wages) and (b) one or more qualified non-taxable benefits, including employer-sponsored health insurance, health FSAs, dependent-care FSAs, HSA contributions, group term life insurance up to $50,000, and adoption assistance. Employee elections to receive the benefit instead of cash are funded with PRE-TAX salary reduction, reducing federal income tax, Social Security, and Medicare wages (a major efficiency for both employer and employee). Strict nondiscrimination rules under §125(b) prevent the plan from favoring highly compensated employees. Option A confuses §125 with a §401(k). Option B is fabricated. Option C is the opposite of how §125 works (pre-tax, not taxable).

Law Reference: IRC §125 (cafeteria plans / Section 125 plans)

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