Meeting gateway with separate PSP and SH 401k

[Guest dsyrett]

Situation: existing cross-tested PS plan. Has required 5% NHCE allocation to meet gateway.

Client wants to add a stand alone 3% safe harbor 401k prototype.

Question: Can the 3% be used as part of the 5% gateway?

[AndyH]

Unless your prototype somehow prohibits it, yes. You would be aggregating the two plans for both 401(a)(4) and 410(b) purposes and testing both together for essentially all purposes.