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April 7, 2026

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Vlad401k created a topic in 401(k) Plans

Immediate Vesting: BRF Issue?

"We have a plan that has a 2-20 vesting schedule. They would like to make everyone who was employed as of 12/31/2025 100% vested. Anyone who terminated before 12/31/2025 or hired after 12/31/2025 would be subject to the 2-20 vesting schedule. To me, this sounds like a potential Benefits, Rights, and Features (BRF) issue. Is that correct? If so, how would we determine if this amendment is discriminatory. Would we apply 410(b) Coverage Testing to the benefiting and non-benefiting group and determine if the NHCE to HCE ratio is at least 70% or is there another way? If coverage testing would apply, would we include all participants in the denominator (for example, would the denominator include employees who already met the 100% vesting requirement because they have 6 years of service?)."

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