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"safety valve"


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My take on it has always been that in the small plan universe, or in a plan that is designed to maximize the benefits of HCEs...

if you need to use -3©(3) to pass 401(a)(4), you are not allowed to

The safety valve exists primarily for large plans where a demographic anomoly causes a single HCE or a handful of HCEs to blow your test

If your explanation of the circumstances for the facts and circumstances determination includes words like "Doctor" or "Lawyer" or "son of the owner"; I dont think you get far

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