What is an HCE employee?

What is an HCE employee?

An employee is an HCE if he or she is an employee during the short plan year and his or her compensation during the 12-month period immediately preceding the plan year (lookback year) exceeded the dollar limitation under IRC Section 414(q)(1) for the lookback year.

What are non-highly compensated employees?

An employee who is not a highly compensated employee. Plans examine previous year’s salary to determine whether an employee fits into one of these two mutually exclusive categories.

Who is HCE 2019?

For the 2020 plan year, an employee who earns more than $125,000 in 2019 is an HCE. For the 2021 plan year, an employee who earns more than $130,000 in 2020 is an HCE. ​Source: IRS Notice 2019-59.

What is considered an HCE?

A highly compensated employee (HCE) is, according to the Internal Revenue Service, anyone who has done one of the following: Owned more than 5% of the interest in a business at any time during the year or the preceding year, regardless of how much compensation that person earned or received.

How is HCE calculated?

HCE status based on compensation (not on ownership) is determined using compensation earned during the preceding year or 12-month period, referred to as the “look-back year.” If the year for which HCE status is being determined is not a calendar year, the sponsor may make a calendar year election so that HCE status is …

What happens if you fail NDT?

What happens if my plan fails Nondiscrimination Testing (NDT)? In other words, the tax-free treatment of benefits provided under the plan is lost, and highly compensated participants will have imputed income equal to the salary reductions that they elected for the plan year, even if they elected all qualified benefits.

How do you do a non discrimination test?

Standard Nondiscrimination Testing: ADP, ACP, and Top Heavy Tests

  1. Step #1: Calculate Annual HCE Deferral Rate.
  2. Step #2: Calculate Annual NHCE Deferral Rate.
  3. Step #3: Compare and Make Your Determination.
  4. Step #1: Calculate Annual HCE Contribution Rate.
  5. Step #2: Calculate Annual NHCE Contribution Rate.

What is a non discrimination test?

Nondiscrimination tests on a cafeteria plan are a series of tests that are required by the Internal Revenue Service (IRS) to determine if a cafeteria plan that includes benefits like a health care flexible spending account (HCFSA), dependent care flexible spending account (DCFSA), pre-tax premiums under a cafeteria …

How do you test for non-discrimination?