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<br />Memorandum 2004-4 <br />Pre-Tax Purchase Employer Agreement <br />March 5, 2004 <br />Page 2 <br /> <br />deduction from their pay. Therefore, in order to make this option available, your <br />payroll system would need to be able to accommodate this type of a deduction. <br /> <br />The IRS does require strict rules in order to keep the Plan in compliance. If an <br />employer elects to make this option available and an employee elects to utilize it, <br />the monthly pre-tax payroll deduction must continue for the duration of the <br />contract as specified by NDPERS. The amount of the deduction CANNOT be <br />increased, decreased, or suspended at any time unless due to the employee's <br />disability, retirement, termination or death. Therefore, if an employee elects to <br />utilize this option, you will be notified of the amount of the pre-tax deduction to <br />initiate, when it is to begin and also when to cease this deduction. The employee <br />or employer CANNOT change or discontinue the deduction prior to this <br />notification. Also, the employee can not make additional payments or payroll <br />deductions on an after-tax basis towards the purchase contract. NDPERS will <br />provide you, the employer, with a copy of the employee's irrevocable agreement <br />which provides the required information to set-up the deduction. <br /> <br />If you do not elect to complete and return the enclosed employer agreement, you <br />will still be able to make this election in the future. However, you will need to <br />contact the NDPERS office to receive information on the process and to ensure <br />that the agreement has not been updated. <br /> <br />If you have any questions, please contact the NDPERS office at (800) 803-7377 <br />or (701) 328-3900. <br />