The formulas
- Key share = (key employee accounts + their distributions in the look-back period) / (all accounts + all distributions in the look-back period)
- Top-heavy if the key share exceeds 60% on the determination date
- Look-back: 1 year, or 5 years for distributions for a reason other than severance, death or disability
How it works
Under section 416(g), a defined contribution plan is top-heavy if, on the determination date, the aggregate accounts of key employees exceed 60 percent of the aggregate accounts of all employees. Account balances are increased by distributions in the 1-year period ending on the determination date, or the 5-year period for distributions made for a reason other than severance from employment, death or disability.
Leave out the accounts of anyone who has not performed services for the employer at any time during the 1-year period ending on the determination date. Plans in a required aggregation group are tested together; add their balances before entering them.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Who is a key employee?
Section 416(i)(1)(A) covers certain officers paid above an indexed amount, 5 percent owners, and 1 percent owners paid more than $150,000.
What happens if the plan is top-heavy?
Non-key participants must receive the minimum contribution in section 416(c)(2) and the plan must meet the top-heavy vesting rules.
Sources
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