Archimage Posted January 8, 2003 Posted January 8, 2003 I am brain-fried this week so I want to make sure my thinking is correct. I have a safe harbor plan that wants to change the eligibility for deferrals to immediate entry yet keep the year of service rule for the safe harbor match. I realize I have to perform the ADP test on the disaggregated portion for the otherwise excudables. My question involves the HCE. If I never have a newly hired person that is more than a 5% owner then I will never have an HCE for the disaggregated portion. Am I thinking right?
Guest greggi39 Posted January 8, 2003 Posted January 8, 2003 what about an ee who exceeded the comp limit for prior year?
Archimage Posted January 8, 2003 Author Posted January 8, 2003 I am assuming that the new hire will not meet the comp requirements in the lookback year. I am also thinking that a new HCE would start receiving the SHMAC in his second year of employment therefore that person would never be an HCE for purposes of the disaggregated portion.
Tom Poje Posted January 8, 2003 Posted January 8, 2003 Arch: you raise an interesting issue. under the revised rules of a few years ago 401(k)3F you can disregard the HCEs who would be normally otherwise excludable, and instead treat them as being includable in the group who met statutory requirements. If my safe harbor excludes those who are otherwise excludable, what happens?
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now