Nondiscrimunation Testing Flashcards
What designations are used for employees under the nondiscrimination rules?
Non-highly compensated (NHC) and highly compensated (HC)
These designations are crucial for conducting nondiscrimination testing in employee benefit plans.
What is required for a company to be considered a member of a controlled group?
Ownership of at least 80% by a corporation
This rule helps define the relationships between companies for regulatory purposes.
How is ownership tested for individuals or noncorporate entities in controlled groups?
A separate test is applied
This ensures that the rules are applicable to various types of ownership structures.
What must employers of affiliated companies do for nondiscrimination testing?
Aggregate data if considered a controlled group
This aggregation is necessary to evaluate compliance with nondiscrimination rules.
What do minimum coverage rules focus on?
The relative proportion of NHCEs and HCEs who benefit
This is essential to ensure that plans do not disproportionately favor highly compensated employees.
What qualifies an employee as ‘benefiting’ under a plan?
They must receive contributions or accrual increases during the plan year
This includes both defined contribution (DC) and defined benefit (DB) plans.
What is the significance of employees eligible to defer salary under 401(k) plans?
They are considered ‘benefiting employees’
This applies even if they do not receive contributions due to non-participation.
What are ADP and ACP tests used for?
To determine if contributions discriminate in favor of highly compensated employees
These tests help ensure compliance with nondiscrimination rules in retirement plans.
What does the ADP test stand for?
Actual deferral percentage test
This test is applied to employee contributions in 401(k) plans.
What does the ACP test stand for?
Actual contribution percentage test
This test applies to employer matching and after-tax contributions.
Defined contribution plans must meet qualification requirements. What are the two IRS sections that meet the requirement for non-discrimination testing?
Minimum participation standards
IRC section 410(b)
Non-discriminatory contribution/benefit rule
IRC section 401 (a)(4)
What is IRC section 410(b)
Minimum participation standards
What is IRC section 401(a)(4)
Non-discriminatory contribution/benefit rule
What question is answered by IRC section 410(b)?
Is the plans coverage non-discriminatory?
Under IRC section 410 B related to minimum coverage , what are the two test used to test for non-discriminatory coverage?
Ratio percentage test
Average benefits test