Gilmore Posted December 30, 2015 Posted December 30, 2015 Company has two 50/50 owners, who are the only HCEs (comps for all others below limit). Owners want to start a 401(k) as a tool to recruit a certain class of their employees. They are not concerned with participating themselves. In order to cover just the certain class of employees and exclude all others the Owners are ok with excluding all HCEs so as to not be concerned with the coverage test, which would be right around the 70% ratio if the HCEs were covered. Should there be any concerns with excluding all employees, including HCEs, with the exception of the targeted group of NHCs? Thank you.
BG5150 Posted December 30, 2015 Posted December 30, 2015 Why not just allow for deferrals for everyone and a New Comp, everyone in their own group, PS? Can offer PS to a select group and zero to all others, including themselves. QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
Gilmore Posted December 30, 2015 Author Posted December 30, 2015 I'm not sure of the reasoning behind why they want to limit the plan to a select group, but apparently that is what they want to do.
jpod Posted December 30, 2015 Posted December 30, 2015 If all HCEs are excluded you have no 410(b) worries if you limit participation to only certain employees. Still must satisfy 410(a). Still must not violate Federal and State laws prohibiting discrimination on the basis of age, race, sex, etc.
K2retire Posted December 31, 2015 Posted December 31, 2015 I'm not sure of the reasoning behind why they want to limit the plan to a select group, but apparently that is what they want to do. Perhaps because they are not aware that they could do something like BG suggests?
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