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I agree with all comments. I would not, however, jump to recommending a Non-ERISA 403(b). (Flyboyjohn) They are much more challenging than many plan sponsors think. The law does not favor them and it is easy for the employer to make a mistake that makes the plan ERISA. I attempted to attach a decent Word doc that reviews the rules which must be followed. I would suggest an ERISA 403(b). Still no top heavy and no deferral testing and in the "modern world," there are plenty of quality investment options. They would have to file a 5500, though, and if they would be a large plan filer, the audit can be expensive. Good discussion! PNJ Non-ERISA 403(b) Requirements.docx

Exactly. The 403b I have right now has a ton of low paid employees. the 403b is the right choice. the ACP isn't good, but the lone HCE can defer to max.