The formulas
- Required rate = lesser of 3% and the highest key employee contribution rate for the year
- Required contribution = required rate x non-key compensation
- Shortfall = required contribution - employer contributions already allocated, including matching contributions
How it works
Under section 416(c)(2)(A), a top-heavy defined contribution plan must provide each non-key participant an employer contribution of at least 3 percent of compensation. Employer matching contributions count toward that minimum.
Under section 416(c)(2)(B), if the highest contribution rate for any key employee for the year is below 3 percent, the minimum is that lower rate. Under 26 CFR 1.416-1, Q&A M-7, the test is met by the contributions and forfeitures allocated to the non-key employee's account.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Do the non-key employee's own deferrals count?
No. The minimum is an employer contribution; elective deferrals of non-key employees do not satisfy it.
Do key employee deferrals count when finding the highest key rate?
Yes. Key employees' elective deferrals are counted in their contribution rate for this purpose.
Sources
- 26 U.S.C. 416, Special rules for top-heavy plans (LII)
- 26 CFR 1.416-1 Questions and answers on top-heavy plans (M-7, M-20), eCFR
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