Guest SPOT Posted April 6, 2004 Posted April 6, 2004 HCE terminated employment 12/31/2002 but had compensation and hours in 2003 due to payout of vaction time with $0.00 deferrals. Do I include him in my 2003 ADP as a HCE with a 0% deferral rate?
Archimage Posted April 6, 2004 Posted April 6, 2004 The regulations permit you to do it either way as long as you do the same for all employees under similar situations. See 1.415-2(d)(5)(ii)
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