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Showing results for tags 'Nondiscrimination'.
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Doctor plan has 4 partners and two HCEs, no NHCEs. They work at a variety of hospitals, so it is highly unlikely that the company will ever have NHCEs, so there aren't any discrimination issues with regard to counts or amounts testing. We have generally determined benefits by job classes, so the initial plan was set up using one formula for partners, one for non-partner HCEs. Could they further refine the formulas to be by person? -
Odd situation. Employee (Bob) terminates employment with Employer and begins taking distribution of a large benefit from Employer's nonqualified (stock unit) plan. That benefit is in 10 annual installments. If counted, each such installment is over the HCE comp threshold. Should those payments be counted when Bob is rehired to determine whether he's an HCE? If so, when? The question is crucial for Bob because Employer's qualified plan excludes all HCEs. The qualified plan's definition of compensation for HCE determinations is--by cross-reference to § 1.415©-2(d)(4)--wages reported in Box 1 of W-2 that are "compensation to an employee by his employer." (Are payments to Bob from the nonqualified plan payments from Employer, for this purpose?) Per the 415 final regs, post-severance payments are excluded from this comp definition. (Are the installments "post-severance" even after Bob is rehired? Do the payments from the nonqualified plan count in determining whether Bob is an HCE his first year he's back? The next? Ever?) I'm sure there's a rifle-shot answer to this that I'm not seeing. Thanks for any thoughts.
