Compensation used for the gateway minimum contribution

[buckaroo]

I have a plan the has mutliple sources. The elective deferral and match sources have a 1 month wait entering on the first day of the month following. The safe harbor and profit sharing sources have a one year wait and enter on the first day of the month following. Here is a quick example. Ptp is hired on 7/15/2011. He would enter the plan (elective deferral and match source) on 9/1/2011. Presuming he completes his YOS, he would enter the SH and NEC portions of the plan on 8/1/2012.

The plan also calls for compensation while a participant in each specific source. Based on my example above of the 2012 calendar year plan year, the comp for the elective deferral and match source would be for the entire 2012 plan year. The compensation for the SH and NEC portions of the plan would be from 8/1/2012 -- 12/31/2012. Now for the question:

When performing the gateway testing, I known that you can use compensation while a participant to perform the 1/3 of plan comp test or the 5% of 415 test. My question is am I permitted to use compensation while a participant in the plan as a whole or can I use comp while a participant for the portion of the plan year in which the participant is eligible for the SH and NEC portions of the plan? My understanding has been that the compensation for the gateway testing can be for the SH and NEC portions of the plan, but I am having trouble confirming it.

Next, we recently upgraded versions of Relius to 17.0. My recollection of version 16 and prior was that you could define comp for gateway while a participant, but I can no longer find that option in the newly designed plan specs. if anyone knows where it is, I would greatly appreciate being told where it is.

Thanks in advance.

[Tom Poje]

1.401(a)(4)-8(b)(1)(vi)(A) = 1/3 the allocation rate. there is no 'comp' specified here, so its 414(s) comp

1.401(a)(4)-8(b)(1)(vi)(B) = deemed satisifed if 5% of 415 comp, measured over a period of time permitted under the definition of plan year comp.(e.g. could be from date of entry)

of course if the plan is top heavy, then you would have to receive at least 3% of total 415 comp, not just from date of entry.