"Discrimination within NHCE & HCE"

[Bruce1]

The regulations are written in a way to protect the benefits of NHCE compared to the benefits of an HCE/Key. 

But do the regulations have parameters around the amount of benefits provided between the HCE group, or the NHCE employees?

For a new comp allocation could an employer at its discretion for example provide a larger benefit to a single NHCE, or even no benefits to a certain HCE? While still passing gateway etc. 

I'm curious is there any regulatory language that prohibits an employer from discriminating within HCEs or NHCE? 

[Belgarath]

No, other than obvious things like gender, religion, etc...

[CuseFan]

Agreed, and obviously the plan provisions must support

[Artie M]

If one HCE gets a match and some NHCEs don't, could be BRF issues.... right?  I am not a big testing guy.