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With respect to employer contributions to a defined contribution retirement plan, the anti-discrimination rule generally means that if an employer provides a contribution to a plan on behalf of a HCE at a certain percentage of the HCE’s compensation, then the employer must provide a contribution to the plan on behalf of a non-HCE at the same percentage of compensation. This is known as a “pro rata allocation.”
By comparison, new comparability plans are more beneficial to the employer. This is because new comparability plans provide a maximum benefit for the HCEs or select employee group, while providing the lowest possible contribution for the non-HCEs or non-key group allowed by law. Since the select employees are often the business owner(s) and are older, they have less time to reach retirement age than do younger employees. Therefore, the select employees may receive a disproportionately greater share of contributions using this method, and the plans can be demonstrated to be non-discriminatory so that the tax-qualification rules of the Code are proved to be satisfied.
Tom Zgainer, Senior Vice President of Sales for ExpertPlan Inc, has helped more than 2,200 small businesses with their retirement plans over the past decade.