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Control Group with a Safe Harbor and a Non-Safe Harbor Plan


Vlad401k

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There is a SH plan and a Non-SH plan in a control group. They both pass coverage on their own, so aggregation for ADP/ACP is not required. However, there is at least 1 key employee in each plan, so they must be aggregated for Top Heavy purposes. The plans are top heavy. My question is this: do the Non-Key employees in the SH plan have to receive the Top Heavy minimum contribution? Since that plan is SH, my thinking is that they don't. Do you agree?

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