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Plan Amendment to Exclude HCEs After One HCE's Participation Has Begun?
BenefitsLink Message BoardsLink to more items from this source
Aug. 4, 2021

"Plan A excludes a large class of employees who are required to be included in testing for minimum coverage. Coverage testing had never been an issue in the past due to there being no HCEs (non-profit entity, so no owners). Now there is a HCE under compensation rules, and we have a coverage test failure. Plan Sponsor of Plan A wishes to amend Plan A going forward so that HCEs are excluded from participating in order to pass minimum coverage under Treas. Reg. Section 1.410(b)-2(b)(6). Does this proposed amendment violate anti-cutback provisions? Any other concerns?"

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