Equal Investment Opportunities

[Stash026]

Does anyone know if/what specific section in the code that it states all employees, both HCE and non-HCE, must be awarded the same investment opportunities?

Taking over a case and they are saying based on 404© HCE can investment their money elsewhere, despite no one else having the same opportunity

Thanks!.

[ESOP Guy]

Investment choices are a benefits/rights/feature that must be offered in a nondiscriminatory manner. it is all part of the 401(a)(4) rules.

https://www.law.cornell.edu/cfr/text/26/1.401%28a%29%284%29-4

(Edit I had said the rules were 401(a)(1) I quote the 401(a)(4) rules which are the BRF rules)