Top-Heavy and Nondiscrimination Rules

Background

To maintain their tax-advantaged status, retirement plans must demonstrate that they are equitable and inclusive. Plans are subject to so-called top-heavy and nondiscrimination rules. 

Plans are top-heavy when the value of benefits for the owners and officers exceeds 60 percent of the value of benefits for all other employees. Top-heavy plans must adopt specific policies. These include faster vesting and certain minimum benefits for employees who are not owners or officers. Such policies ensure that rank-and-file workers receive some benefit from the tax preferences that the employer enjoys because of the plan. 

Plans must also demonstrate that they do not discriminate in favor of highly compensated employees. To satisfy this requirement, plans can either perform specific tests or follow one of several safe-harbor rules. That is, by using certain structures and procedures, the plan is deemed to be non-discriminatory. For example, 401(k) plans that adopt automatic enrollment provisions can satisfy the nondiscrimination rules if they provide a specified minimum benefit or a matching contribution. 

TOP-HEAVY AND NONDISCRIMINATION RULES: Policy

TOP-HEAVY AND NONDISCRIMINATION RULES: Policy

Ensuring equity

Policymakers should maintain and strengthen top-heavy rules so that benefits are distributed equitably among plan participants. 

The use of 401(k) safe harbors should be assessed to ensure broad plan participation by lower-paid employees.