Do I need to provide gateway for combo plan?

[Jakyasar]

Hot and humid, not thinking straight.

Checking a proposal for a DC/CB combo

DC is 401k+SH Match+PS

A previously employee claimed to be an HCE turns out to be a NHCE. Let's call him Joe

Joe is excluded from CB plan and also gets on no PS under DC plan. 401k deferral generated enough SH match to exceed 3% of salary so top heavy is satisfied.

Plugged this into the program and combined testing says Joe does not need to get gateway.

Just checking is the program is right.

[John Feldt ERPA CPC QPA]

Seems okay to me. 

[CuseFan]

Correct - he only is required to get gateway if he benefits under 401(a) portion(s) of the plan(s) (non-elective - CB & PS). Since he gets no CB or PS under the terms of those plans then he does not benefit, so no gateway.

[Jakyasar]

Thank you both for clearing this up.