1.410(b)-5 Code ABT Question

[The 402"(G)"]

Quick question on some confusion with the code. 1.410(b)-5(a-c) & (d)(2)

When determining the actual benefit percentage, the code states that in (d)(2)"Employee contributions and employee-provided benefits disregarded" and clearly states "Therefore, employee contributions (...), and benefits derived from such contributions, are not taken into account in determining employee benefit percentages."

However, literature, ASPPA presentations, and the Relius program include employee 401k contributions into the test. Applying to both contribution or benefit basis...

Is this due to code 1.401(k)-1a(4)(ii) "Treatment of elective contributions as employer contributions"...? Basically saying that 401k & Roth are considered employer contributions in 1.410(b)-5

Just trying to get some clarification on the confusing wording

Thank you

 

[Mike Preston]

Yes.

[The 402"(G)"]

Thank you!