cross test TH min/gateway to otherwise excludable ee

[jmartin]

I have a plan that is using cross testing for 2011. The PS requirements are 1 Year, 1000 hrs. The plan is top heavy. I have about 5 NHCEs who were hired in 2011. I know that if I test them separately for the rate group (since they are statutory excluded), I only have to give the 3% TH min. If I want to count them in the rate group (say they are all very young) I would then have to give gateway.

My question is this: Say only 2 out of the 5 who are statutory excluded would actually help the rate group if they were given the gateway. Can I give gateway to only those two and in turn only bring those two into the rate group (keeping the other three stat excluded nhce's tested separately)? Or would I have to include the other three NHCE's (including giving them gateway). hope that makes sense.

[MoShawn]

Are you talking about 2012 testing? If they were hired in 2011 with a 1 year service requirement, then they would not be eligible until 2012. Then they would only get the TH for 2011 (if eligible for some other component of the plan) and would not be eligible for the gateway.

As far as statutory exclusions, I think you're either testing the statutory excludable employees separately, or you're not. I don't think you can pick and choose.

[jmartin]

Are you talking about 2012 testing? If they were hired in 2011 with a 1 year service requirement, then they would not be eligible until 2012. Then they would only get the TH for 2011 (if eligible for some other component of the plan) and would not be eligible for the gateway.

As far as statutory exclusions, I think you're either testing the statutory excludable employees separately, or you're not. I don't think you can pick and choose.

Did you get my message? Sent you updated information...should look quite familiar...