Guest gcrechale Posted March 9, 1999 Posted March 9, 1999 Our non-standardized plan's definition of compensation excludes overtime. This definition is used for allocation purposes and the inclusion test is passed demonstrating nhces are not being discriminated against. For ADP/ACP testing purposes, can this definition of compensation also be used or must total compensation be used for the ADP/ACP testing?
MWeddell Posted March 10, 1999 Posted March 10, 1999 It sounds like the definition of compensation you propose to use for ADP testing is not a 414(s) safe harbor definition of compensation, but you've done 414(s) testing to demonstrate that the definition is not discriminatory. If I've restated your situation correctly, Treas. Reg. 1.401(k)-1(g)(2)(i) makes it clear that you can use your plan's definition of compensation for ADP testing as well. There's a parallel citation for ACP testing in the 401(m) regulations.
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