coleboy Posted August 6, 2014 Posted August 6, 2014 I have a basic question. I am setting up a 401k plan for a nonprofit company. The president of the company makes approx. $80k a year. Would he be considered an HCE?
MWeddell Posted August 6, 2014 Posted August 6, 2014 Assuming the president made about the same $80K last year too, no, he is not a highly compensated employee. The definition is in Code Section 414(q).
My 2 cents Posted August 6, 2014 Posted August 6, 2014 Isn't the breakpoint for being an HCE/not being an HCE something like $115K? How could someone earning $80K per year who is not an owner (non-profit's don't have owners, do they?) come close to being considered an HCE? They did get rid of that ridiculous rule that said that if nobody met the benchmark for being an HCE then you pick the highest-paid officer, didn't they? Always check with your actuary first!
ESOP Guy Posted August 6, 2014 Posted August 6, 2014 Sort of the short answer is for a not for profit where they are no owners it is possible to have no HCEs. I have had it happen before. No one made enough comp as it spend it money on its not for profit purpose and not executive comp.
MWeddell Posted August 6, 2014 Posted August 6, 2014 Isn't the breakpoint for being an HCE/not being an HCE something like $115K? How could someone earning $80K per year who is not an owner (non-profit's don't have owners, do they?) come close to being considered an HCE? They did get rid of that ridiculous rule that said that if nobody met the benchmark for being an HCE then you pick the highest-paid officer, didn't they? Yes, the breakpoint (but it applies to the prior year compensation) is currently $115,000. So if the person made about $80K in the prior year, definitely well below the breakpoint. The HCE definition was simplified effective in 1997 I believe. The highest paid officer is not an HCE.
TPApril Posted November 8, 2019 Posted November 8, 2019 In situations like this where it seems there are no HCE's and you don't anticipate there being HCE's, I'm curious if there is a tendency to design the plan as a safe-harbor or not, particularly if the board wants employer contributions to be fully vested?
MWeddell Posted November 11, 2019 Posted November 11, 2019 It varies. How close would the plan design be to safe harbor? How close are they to having someone cross the HCE compensation threshold in the future? How inconvenient will it be to have restrictions on mid-year amendments? I think it's a subjective call, so it'll vary based on who the attorney / consultant / advisor is that is counseling the plan sponsor.
BG5150 Posted November 12, 2019 Posted November 12, 2019 If the board wants contributions to be fully vested immediately, they can do that without being safe harbor. QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
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