New top-heavy 401(k) plan implemented 7/1/98 - must minimum top heavy

[Guest ANNEBV]

401(k) Plan was implemented 7/1/98. Top heavy determination indicates that plan is top heavy for initial plan year (1998).

Question: Re: minimum top heavy contribution allocation, are you required to use full-year compensation (as defined in 415©(3)) even though the plan was not in effect for the entire year?

[Richard Anderson]

The requirement is for full plan year compensation. If a plan has quarterly entry dates, for example, and a participant enters the plan in the last quarter of the plan year, that participant will be entitled to a minimum top heavy contribution based on full plan year compensation, not compensation earned only while a participant.

If the first plan year is a short year, the TH minimum will be based on 415 comp earned during that short plan year.