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Eligible Employees for ADp/ACP testing?


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Posted

I am working on a ADP/ACP test for 12/31/01 year-end. The client is stating that some employees did not make any earnings during the year, although they were eligible employees. Most of them have term dates within the year being tested.

Question is, should they be included in the ADP/ACP testing for the year? I would think not, since they did not have any earnings to defer off of.

Feedback would be appreciated.

Posted

at one of the ASPA conferences the IRS voice an opinino (and an opinion only) that you do not include such people. Of course, the question was about HCEs, and if you include them that would only help the test, so that might have had bearing on their answer

Posted

They were unable to make any elective deferrals during the year regardless of what they might have elected. Hence, excluding them is correct. (Besides that, dividing by zero is undefined result, not 0.00%.)

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