Paired 401k/403b and Top-Heavy

[austin3515]

Let's say you pair a 403(b) Plan with a 401k covering just the HCE's. Let's say there are two HCE's, one of whom is an office making more than the officer threshhold, and is therefore a key-employee.

Assume further that more than 60% of the assets in the 401k plan are allocated to the key employee. Is there any opportunity to aggregate the 401k and the 403b?

[ETA Consulting LLC]

Is there any opportunity to aggregate the 401k and the 403b?

I don't think there is. 403(b) plans aren't referenced anywhere in the plan that are subject to Top Heavy under IRC Section 416. We know that 403(a) annuities are, but these are qualified plans.

Good Luck!