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401(a)(4)


How to determine if a qualified plan is not discriminating in favor of HCEs

- Plan COVERAGE must be nondiscriminatory (410(b) testing)


- Plan BENEFITS must be nondiscriminatory (401(a)(4))


- Coverage includes BENEFITS, RIGHTS, AND FEATURES


- TIMING OF PLAN AMENDMENTS must not discriminate in favor of HCEs

4

Ratio percentage test -


410(b) based on ...?


401(a)(4) based on ...?

410(b) - plan or controlled group


401(a)(4) - rate groups (plan subset)

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