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Participant pay in 2021 means Participant is HCE in 2022.

Participant terminates 12/31/22 with pay $3,000 below HCE limit for 2022

Participant receives last paycheck in 2023 for $5,000 (ie $2,000 over HCE determination for 2022).

Pay definition is W-2 so final paycheck not included for plan purposes.

Our conclusion is to include Participant in 2023 ADP test as NHCE but wondering of other thoughts?

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