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Is a plan permissible for one class of employees of an employer while


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Guest Pat Metallic
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An employer has a profit sharing plan with 401(k) feature that includes all classes of employees. One of those class of employees is not permitted to receive overtime pay. The employer would like to establish another profit sharing plan only for that class of employees. This plan would allow the employer to fund it with what they would have received in overtime pay. Is such an arrangement (plan) permissible and would there be any problems with having different rate groups since none of these employees would be highly compensated?

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