Tactics to Avoid Failing Nondiscrimination Testing

ERISA and the IRS require that a 401K pass these tests to maintain its qualified status. The purpose of these two tests is to determine whether or not the 401 salary deferral plans surpasses the set guidelines for discrimination in the tax code. Some companies set buffer zones within their plan documents to steer plans away from potentially failing the ADP/ACP test in the first place. Another option is to place a contribution limit on HCEs at the point where the plan would fail an ADP/ACP test. Setting plan buffer zones may require employers to conduct ADP/ACP test projections, typically in the middle of the plan year, to determine if any restrictions need to be applied.

If the deferral percentage of HCEs exceeds the deferral percentage of non-HCEs by more than a specified margin, the ADP test is failed. An EACA is like the basic automatic contribution arrangement, with a few additional requirements related to the content of the initial and annual participant notices and default contribution rate. First, the plan has the option to extend the window to correct failed Average Deferral Percentage or Average Contribution Percentage tests from two-and-a-half to six months after the close of the plan year, while still avoiding the 10% employer excise tax. Also, a plan can allow for automatically enrolled participants to withdraw their contributions within the time stated in the plan . The establishment of Plan R is a plan coverage change that affects Plan R. Because the 50 hourly employees were not eligible employees under any qualified cash or deferred arrangement of Employer C for the prior plan year, they do not comprise a prior year subgroup. Therefore, for purposes of the 2006 testing year under Plan R, the ADP for NHCEs for the prior year is the weighted average of the ADPs for the prior year subgroups, or 2%, the same as that of Plan Q.

Actual Deferral & Actual Contribution Percentage Tests (ADP/ACP)

An officer of the employer, having annual compensation greater than $180,000 for 2019 (amount was $175,000 for 2018). The percentage of participants taking a hardship withdrawal dropped https://adprun.net/ from 2.3 percent in 2017 to 1.8 percent of participants in 2018. The NHCE average percentage will be used to determine the maximum average HCE percentage for the third year.

Compliance tests, which are also known as nondiscrimination tests, are required to confirm that 401 plans do not favor highly compensated employees in comparison to nonhighly compensated (or rank-and-file) employees. These tests will confirm that employees who are not highly compensated employees are not disadvantaged when compared to those employees who are highly compensated employees. The test is conducted shortly after the end of each plan year average deferral percentage based on the contributions (“deferrals”) elected by each eligible employee during the year. If the plan fails the ADP test, appropriate corrective action must be taken. The ADP test takes into account both pre-tax deferrals and after-tax Roth deferrals, but no catch-up contributions, which may be made only by employees age 50 and over. To pass the test, the ADP of the HCE may not exceed the ADP of the NHCE by more than two percentage points.

Defined Benefits Services

If, for the applicable year for determining the ADP of the NHCEs for a plan year, there are no eligible NHCEs (i.e. Excess must be distributed by April 15of the following year to avoid double taxation. An employee owning more than 1% of the business and making over $150,000 for the plan year. The average contribution of HCEs can be no more than 125% of the average contribution of the NHCEs.

To perform the ADP test and the ACP test , the employer first has to properly identify which participating employees are “highly compensated employees” (“HCEs”). PSCA’s 62nd Annual Survey of Profit Sharing and 401 Plans, the longest running survey of its kind, finds participant deferrals rose last year to an average of 7.7 percent of pay, up from 7.1 percent in 2017 and 6.8 percent in 2016. With company contributions coming in at an average of 5.2 percent in 2018, the average combined savings rate is now at 12.9 percent, up from last year’s record finding of a combined savings rate of 12.2 percent. Elective Deferral Limit (IRC §402) – This limit applies to pre-tax and Roth salary deferrals.

Examples of Average Deferral Percentage in a sentence

To best ensure test correction deadlines are not missed, employers should get their 401 TPA the information they have requested to complete plan testing as soon as possible. Safe Harbor approach is not always necessary for sufficient employee engagement to pass non-discrimination tests. A plan that is great at getting employees to join the plan and save at high rates will do the trick. The key is to make the plan user friendly, low hassle, loaded with automation, and accessible by mobile device. Getting employees engaged not only helps you pass the ADP and ACP tests, but also gets your employees on the path to meaningful retirement savings. The plan can elect to compare the current plan year HCE group against the current year NHCEs, or against the NHCEs from the prior year. For example, if the NHCE deferral rate has improved recently, the current year method may provide an advantage.

• Making the plan compliant by giving out non-elective contributions (tax-deductible contributions) to NHCEs.
• Because the Federal Government offers substantial tax benefits with the 401 plan, they want to ensure that owners, executives, highly-compensated, and key employees aren’t unduly benefited from the plan compared to all other employees.
• For example, if the NHCE average contribution is 4%, the HCE average contribution can be no more than 5%.
• The sum of all reductions for all HCEs determined under paragraph of this section is the total amount of excess contributions for the plan year.
• The actual contribution percentage test uses a similar method, except it looks at matching contributions and employee after-tax contributions.
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Note that the ADP test covers both pre-tax and after-tax Roth deferrals. For context, a recent study by Eric Droblyen, president and CEO of Employee Fiduciary, titled “401 Nondiscrimination Testing Study – What % of Plans Fail? ” examined how often 401 plans fail IRS actual deferral percentage and actual contribution percentage nondiscrimination testing. Under the ADP test, the average salary deferrals of the HCEs and NHCEs are calculated and compared on an annual basis based on the plan year.

SARSEP Fix-It Guide – You didn’t pass the annual deferral percentage test

In addition to the basic ACA, an employer can choose an eligible automatic contribution arrangement or a qualified automatic contribution arrangement . Months after the close of the plan year to which the recharacterization relates. Recharacterization is deemed to have occurred on the date on which the last of those HCEs with excess contributions to be recharacterized is notified in accordance with paragraph of this section. Any distribution of less than the entire amount of excess contributions with respect to any HCE is treated as a pro rata distribution of excess contributions and allocable income.