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Highly Compensated Employees

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Highly Compensated Employee
An employee who owns 5% or more of the company for which he/she works or who makes more income than a certain amount set by the IRS. For tax purposes, highly compensated employees contribute less in tax deductible earnings to a qualifying retirement plan. This is because IRAs and other retirement plans do not qualify for tax advantages if their structures seem to favor highly compensated employees more than other employees.

Highly compensated employees. Highly compensated employees are people whose on-the-job earnings are higher than the level the government has established to differentiate this category of worker.

In 2007, that amount is $100,000. It is increased from time to time to reflect the impact of inflation.

The major consequence of being a member of this group is that the percentage of earnings that highly compensated employees may contribute to their 401(k) or similar plan is determined by the contribution rates of other plan participants who earn less.

If lower-paid employees contribute an average of 2% or less, higher-paid employees may contribute up to twice that percentage.

If the average is 3% to 8%, higher-paid employees may contribute two percentage points more than the average. And if the average is 8% or higher, the maximum for highly compensated employees is 1.25 times that average.



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Highly compensated employees are those employees who were paid more than $105,000 in the past year or own more than a 5 percent interest in the employer.
The gateway pro-vides minimum benefits for nonhighly compensated employees and is required to allow additional benefits for highly compensated employees under general nondiscrimination testing.
The volume's 36 chapters cover types and choices of plans, highly compensated employees, requirements for qualification, eligibility and participation, contribution and benefit limitations, permitted disparity, funding requirements, vesting, distribution requirements, tax and insurance issues, determination letters, IRS and Department of Labor correction programs, reporting requirements, and fiduciary responsibilities.
 
 
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