3% SHNEC for NHCEs and 9% PS for HCEs ok?

[cheersmate]

Cross Test SH 401k PSP - eligibility for 401k, SH and PS are the same

the 3% SHNEC excludes HCEs

Can the employer elect to make a PS contribution of 9% for HCEs (0% for NHCEs) as long as passes ABT and RGs?

[Tom Poje]

since the NHCEs received 3% and the HCEs receives 9% that would pass the 1/3 rule. If it makes a difference, when cross testing you have eliminated the option to impute disparity because you can't impute disparity on a SHNEC

[cheersmate]

TY Tom.