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I've read some of the posts on this topic, but I need to clarify one point. The plan excludes commissions from compensation. In our Plan's case this makes the def. of comp. discriminatory, so I know we have to use General Test for compliance w/ 401(a)(4). My question is this, in determining how much 3% safe harbor contribution a participant gets, can the discriminatory definition of comp be used? Would we have to give 3% on compensation that meets 414(s)?

Thanks

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