Top Paid Group determination for HCEs

[Guest Janet Lacy]

Must employees of a company purchased by the plan sponsor during the current plan year be included in the determination of the Top Paid Group for the look-back year?

[lkpittman]

This client only employs physicians who would, on an annual basis always make more than $80,000--so we thought we had an employer that employed only HCEs, exempting them from 410(B) and nondiscrimination testing; however, for the first year that these physicians are hired, if they are hired during the later part of the year, and do not make $80,000, they are considered NHCEs for the following year. IRS says you do not prorate comp for the first year. So, we have to do 410(B) testing and cover these "NHCEs" . . . . even though it would seem that this plan only benefits HCEs.