Here are the basic facts:
Start up Plan effective 10/1/2012
One employee that owns >5%, was hired 8/2/2012 (deferring 10%) - the only HCE for 2013
No other employee owners
No Employees had comp over $115,000 in 2012
If the 2013 ADP test is run using Otherwise Excludable method (using statutory entry date of 7/1/2012), are all employees excluded - even the HCE?
I cannot seem to find anything in Tripodi, or from the TPA (yet). Thank you!