401(k) PSP that is c/t - new EE won't give DOB

[doombuggy]

EE hired 1/14/11, plan has a age 21 and 1 year elig, so he will get in 7/1/12 (semi-annual entry dates). Plan is cross tested P/S and the er does give allocations of P/S each year.

I assume that the guy didn't want to give his age in fear of discrimination (I have seen a photo), but I can't see how we can get around NOT having his DOB or at least year of birth.

Anyone know of anything out there that can protect the ER/Plan Sponsor so they can ask for this info for the plan?

[Tom Poje]

assuming it is an NHCE, and the person is at least age 21, I guess for cross-testing purpose you could assume a worse case scenario..e.g. the person was born 1920 which would produce an extremely small e-bar, so no help to the testing at all. (or if the plan barely passed with him in it, treat him as a 0 e-bar) and go from there.

[doombuggy]

Tom, when I read your comment about NHCE< iwent back to check. This is a doctor's office and I assumed that he was a new doctor. He's actually an ARNP. His comp was only around $14k and he worked less than 300 hours (something I did not notice yesterday when I was working on their calcs). So this might never be a problem, if he doens't work enough hours to actually get inot the plan!

[Guest Quicksilver]

To hire an employee an I-9 form is required, a birth certificate or other form showing date of birth is required.

[shERPA]

Yes, what Quicksilver said.