Gainsharing as 401k discretionary ER contribution

[Guest Kerry]

We are a not-for-profit organization with an existing voluntary 401(k) plan (no employer match) and a discretionary gainsharing plan (a % of gross comp, paid quarterly) for all ee except executives and other HCEs. Could we pay the gainsharing directly to the 401k plan and what might the ramifications be from a testing standpoint? Our plan participation is currently about 30% of eligibles.

[MWeddell]

Yes, you can have the gainsharing contributions made to the 401(k) plan. It'll be subject to qualified plan rules, including that employees couldn't withdraw these contributions for at least 2 years (or if earlier when an employee has 5 years of plan participation) and most plans are more restrictive than that.

If contributions are made to all eligible employees (so it's not a match) and employees don't have the choice to defer it or not (so it's not elective deferrals), then it's subject to 401(a)(4) testing. However, if the gainsharing contribution is allocated as an even dollar amount or percentage of compensation for all eligible employees, then there isn't any 401(a)(4) testing required.

Hope that answer helps you. Your 401(k) provider might also be able to answer your questions.