Who is an HCE

[Guest SDPension]

For a new Plan effective 1/1/06, since there is no lookback year, only the determination year, who is an HCE for the first year other than the 5% Owner, if any?

[WDIK]

If the entity sponsoring the plan also began business on 01/01/2006, then the salary component does not come into play. If, however, salary was paid during 2005, this amount is used in determining highly compensated status.

[Tom Poje]

or put another way, just because there is no prior 'plan year', does not mean there is no look back year. you simply look back at comps. and they must be 12 months. no annualizing or any fun stuff.