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Otherwise Excludable Employee is the only NHCE in an ADP tested plan


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I have a current year tested plan with 3 HCEs, no ownership, and a new hire that will become an HCE next year but entered this year with no deferrals. The NHCE can be classified as otherwise excludable since it's immediate entry. Plan does not allow for top paid group. All 3 HCEs basically maxed deferrals.

Can the plan automatically pass ADP testing under the non-excludable participants since there were not any NHCEs or would the non-excludable participants calculation be 0% HCE max as well?

TIA

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