rlb64 Posted October 14, 2005 Posted October 14, 2005 HCE transfers from one employer to another in a controlled group. One employer maintains a safe harbor 401(k) plan, the other does not. Safe harbor plan provides a safe harbor match of 100% up to 6% of pay. The other plan provides 100% up to 5% of pay. The aggregation rules require aggregating HCE contributions in both plans for each plans nondiscrimination testing. In the aggregate, the rate provided to this HCE is slighly lower than everyone else in the safe harbor plan because part of his aggregate deferrals are matched up to 5%, not 6%. Does this mean the safe harbor plan is ok?
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