403b/401k combo

403b covers HCEs and 401k covers NHCE's.  Do people agree that I cannot include the special 403b catch-up rule in the 403b plan because that would be a discriminatory benfit, right, feature?

I'm pretty sure it would be but thought I would check.

I don't agree and believe the 403(b) plan can include whatever provisions are available under a 403(b) plan.  Either you're eligible or not.  If you have a 401(k) plan that allows NHCEs only, and also have a 403(b) plan that excludes individuals eligible in the 401(k) plan, then it is what it is. 

Good Luck!