What is lookback year for HCE determination if plan is amended to crea

[k man]

A fiscal year plan has been amended to a calandar year with a short plan year. when determining HCE's, what period do you use for the look back year. Do you pro rate (using the short plan year as the lookback year) or do you count compensation for the last full calendar year? a citation would be appreciated.

[R. Butler]

I have never had the situtation. Notice 97-45 clearly defines the look back year as the 12 month period preceding the determination year. I have not seen guidance suggesting the definition of look back year changes just because there is a short plan year.

[Guest JimD]

IRC 414(q)(1)says an HCE is an employee who for the preceding year had compensation in excess of $80,000. The preceding year is the preceding 12 months. You do not pro-rate and in your situation would use the full calendar year. The ERISA Outline Book has a good example.