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Posted

The ratio percentage test requires that the percentage of NHCEs benefiting under the plan be at least 70 percent of the percentage of HCEs benefiting under the plan. What is the ratio percentage in a setting where you have 19 employees, 17 of which are HCEs who participate in the plan and 2 of which are NHCEs who are excluded because of years of service required? Is the answer really 0% ((0/0)/(17/17))?

Posted

You have a plan where the only eligible employees are HCE's. Hence, there is no need to pass the ratio percentage test. If forced to state a specific percentage, though, I'd use 100% rather than 0%. While "n/a" might be more appropriate, sometimes we don't have that option.

Posted

from a curiosity point of view, are these HCE by ownership or by comp?

e.g. suppose next year the 2 NHCEs enter the plan, one quits with greater than 500 hours, and plan has last day rule.

in that case, if HCEs are determined by comp, then top paid group election might be advisable in order for testing purposes

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