Calendar year data election for HCE

[Guest OHH]

I have a DB plan that excludes highly compensated employees. It has a plan year from 2/1 to 1/31. Currently, I use the 12 month period preceding the plan year for the look back year for purposes of determining who is an HCE and thus excludable from the plan. However, I would like to elect to use the calendar year data election (in Notice 97-45), which provides that the look back is the "calendar year beginning with or within the look-back year." My problem is, if I elect the calendar year data election, then I won't know who to exclude from the Plan until almost the end of the applicable Plan year. Is there a way around this problem?

[Mike Preston]

Patient: Doctor, it hurts when I hit my head against the wall.

Doctor: Stop hitting your head against the wall.

Or, change the plan year end?