Top Heavy Minimums to Non-Key HCEs who have waived participation

[Guest Effie Clark]

I have a CT doctor plan that is top heavy. There is only one owner of the practice.

All doctors except the owner waive participation in the PSP. None of the other doctors are officers.

Are the other doctors required to receive the top heavy minimum even though they waived participation in the plan?

[Mike Preston]

If the waiver is legitimate (i.e., supported by plan document provisions and administrative details adhered to) then the doctors are not participating in the plan. Non-participants do not receive top-heavy minimums. If the waivers are invalid you have bigger problems.

[Guest Effie Clark]

Thanks Mike! You have really eased my mind! The waivers are valid and are allowed by the plan document.