chc93 Posted March 26, 2013 Posted March 26, 2013 Participant is >1% owner (<5%). 2009 comp $190,000, so key employee in 2009. 2010 comp $130,000, 2011 comp $110,000, so "former key employee" in 2010 and 2011. In this case, I understand that this participant is excluded from top heavy determination (both numerator and denominator) 2012 comp $170,000. Is this participant now a "key employee" again and included in the top heavy determination? Or are "former key employees" forever excluded from top heavy determination. Thanks...
PensionPro Posted March 26, 2013 Posted March 26, 2013 Former key employee can become a key employee in subsequent years. PensionPro, CPC, TGPC
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