The formulas
- HCE = more than 5% owner this year or last year, or prior-year pay > $160,000 (and in the top 20% if elected)
- Key = officer paid > $235,000, or more than 5% owner, or more than 1% owner paid > $150,000
How it works
Two different definitions drive plan testing. A highly compensated employee (HCE) is used for the ADP, ACP and coverage tests. A key employee is used for top-heavy status. They overlap but are not the same.
For 2026, Notice 2025-67 keeps the HCE pay threshold at $160,000 and raises the officer key employee threshold to $235,000. The HCE pay test looks at the prior year, so a 2026 plan year uses 2025 pay. The $150,000 amount for a 1 percent owner is written into section 416(i) and is not indexed. Ownership attribution under section 318 is not modeled.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
What is the top-paid group election?
The employer may add a second HCE condition: the employee must also be in the top 20 percent of employees by pay for the prior year.
How many officers can be key employees?
No more than 50 employees, or if fewer the greater of 3 or 10 percent of employees, are treated as officers.
Does a former employee stay an HCE?
A former employee is an HCE if they were one when they separated, or at any time after age 55.
Sources
- IRS Notice 2025-67, 2026 Amounts Relating to Retirement Plans and IRAs
- 26 U.S.C. 414 Definitions and special rules (subsection (q)), Cornell LII
- 26 U.S.C. 416 Special rules for top-heavy plans (subsection (i)), Cornell LII
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