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Section 410(b)(1)
(b) Minimum coverage requirements.--
(1) In general. A trust shall not constitute a
qualified trust under section 401(a) unless such trust is
designated by the employer as part of a plan which meets 1
of the following requirements:
(A) The plan benefits at least 70 percent of
employees who are not highly compensated employees.
(B) The plan benefits--
(i) a percentage of employees who are not
highly compensated employees which is at least 70
percent of
(ii) the percentage of highly compensated
employees benefiting under the plan.
(C) The plan meets the requirements of paragraph
(2).
Section 414(q)(1)
(q) Highly compensated employee.--
(1) In general.--The term "highly compensated
employee" means any employee who, during the year or the
preceding year --
(A) was at any time a 5-percent owner,
(B) received compensation from the employer in
excess of $75,000,
(C) received compensation from the employer in
excess of $50,000 and was in the top-paid group of
employees for such year, or
(D) was at any time an officer and received
compensation greater than 50 percent of the amount in
effect under section 415(b)(1)(A) for such year.
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