Guest Debbie Jarvis Posted August 4, 2004 Posted August 4, 2004 I have a company that only has two employees. They are both key employees. 2003 is the first plan year. Is the plan automatically deemed to pass the top heavy test? If it is top heavy do they need to make a min. contribution for 2004?
david rigby Posted August 4, 2004 Posted August 4, 2004 Who would they make a TH minimum for? The TH rules provide minimums for Non-Key EEs. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
pmacduff Posted August 4, 2004 Posted August 4, 2004 check your plan document. ours has the option for the top-heavy to go to all employees OR just non-keys. if the non-key option is in your document, I would say that this client would not have a top-heavy contribution due. If the option was not in the doc, I think they would have to make the TH for the 2 key ees. are they making a contribution anyway > 3% whereby this would be a moot point?
Blinky the 3-eyed Fish Posted August 4, 2004 Posted August 4, 2004 It's a moot point either way. Whether or not the TH minimum is provided to keys or non-keys only is irrelevant. Keep in mind that the TH minimum is the lesser of the highest key's rate or 3%. If they don't make a contribution, then the highest key's rate is 0%. This, of course, is assuming the participants aren't making salary deferrals, which would be pointless in this type of plan arrangement. "What's in the big salad?" "Big lettuce, big carrots, tomatoes like volleyballs."
Brian Gallagher Posted August 6, 2004 Posted August 6, 2004 What kind of plan is this? 401(k)? Profit Sharing only? Money Purchase? Remember: two wrongs don't make a right, but three rights make a left.
pmacduff Posted August 26, 2004 Posted August 26, 2004 Ok - I have an Employer in a multiple employer plan with no non-key participants or NHCE employees. Is this Employer even considered to be top heavy? The Employer is not using the safe harbor provisions at this time as they have no NHCE employees and don't want to fund the SH match, but the 2 owners are deferring @ >3%. Plan Document says that top heavy is allocated to all, including keys. If this plan is top heavy, is it necessary that they key employees who are deferring receive a 3% top heavy contribution?
Tom Poje Posted August 26, 2004 Posted August 26, 2004 I think I would amend so keys are not eligible. based on your description it sounds lik they have to follow the terms of the document. plan is top heavy a key person deferred therefore, must provide a minimum to all ees. ugh. there is no provision I know of that says 'if there are only keys, then plan is not top heavy' well, I guess you could make the plan safe harbor and exclude hces from the safe harbor. I guess that would be deemed not top heavy.
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