What is a top heavy key employee?

Asked by: Bridgette Beier  |  Last update: August 12, 2023
Score: 4.1/5 (29 votes)

What is a top-heavy plan? A plan is top-heavy when the owners and most highly paid employees ("key employees") own more than 60% of the value of the plan assets. This ratio is tested every year based on the account balances on the last day of the prior plan year.

Who is eligible for a top heavy contribution?

The top-heavy minimum contribution is given to all non-key plan participants who are active employees on the last day of the plan year regardless of actual hours of service performed. The plan may provide that eligible key employees also receive a top-heavy contribution.

How do I fix my top heavy 401k?

To correct a top-heavy allocation failure, the employer must make a corrective contribution on behalf of the employee who received an insufficient allocation in an amount equal to the insufficiency, adjusted for earnings.

Who are considered key employees?

A key employee is an employee with major ownership and/or decision-making role in the business. Key employees are usually highly compensated either monetarily or with benefits, or both. Key employees may also receive special benefits as an incentive both to join the company and to stay with the company.

Are top heavy contributions 100% vested?

Safe harbor contributions must always be fully vested but top heavy contributions can be subject to a vesting schedule. Salary deferral plans that provide a minimum matching contribution in conjunction with an automatic enrollment feature can also be exempt from the top heavy rules and ADP/ACP testing.

Top Heavy Plan Questions

29 related questions found

What is the top heavy rule?

A plan is top-heavy when the owners and most highly paid employees ("key employees") own more than 60% of the value of the plan assets.

How do I know if I'm 100% vested in my 401k?

All employees must be 100% vested by the time they attain normal retirement age under the plan or when the plan is terminated. If you have questions about your vesting, ask your employer or human resources department, read the Summary Plan Description or refer to your annual benefits statement.

How do you determine HCE status?

The Internal Revenue Service (IRS) defines a highly compensated employee (HCE) as one who meets either or both of the following standards: Owned more than 5% of the business at any time during the year or the preceding year, regardless of the amount of compensation received.

What determines a key employee for 401k?

A Key Employee is one who in the prior plan year* met one or more of these criteria: An officer of the company earning $185,000 or more annually; A 1% owner with a salary of $150,000 or more; and, A 5% (or more) owner regardless of salary.

What does the IRS consider a key employee?

Key employee, in U.S. Internal Revenue Service (IRS) terminology, is an employee classification used when determining if company-sponsored qualified retirement plans, including 401(a) defined benefit plans and 401(k)s, are considered "top-heavy" or, in other words, weighted towards the company's more highly compensated ...

Is it OK to max out 401k?

Prioritizing other financial goals and saving strategies ahead of maxing out your 401(k) is often a good decision. While some high-income workers should think about reducing their tax bill today to fund their retirement, not everyone should feel like they must contribute the highest amount possible to a 401(k).

What happens if you put too much in your 401k?

The bad news. You'll end up paying taxes twice on the amount over the limit, as well as the 10% early distribution tax if under 59.5 years old, if the 401(k) overcontribution isn't paid back in time. The funds should be returned to you by the tax-filing deadline, generally around mid-April.

Is it normal to max out your 401k?

Many people are advised to maximize the perks that come with 401(k) accounts, like tax-free contributions and employer-match programs. If you are struggling financially, or have better retirement savings options, maxing out your 401(k) may not be in your best interest.

Why am I top heavy?

If you are top heavy, this could mean you have a full bust and carry most of your weight above your waist. It could also be because you have broad shoulders (or have the inverted triangle shape), which makes your upper body appear broader compared to your hips and legs.

Is a key employee always an HCE?

The terms “key employee” and “highly compensated employee” are sometimes mistakenly interchanged. The main difference is that HCEs earning more than a certain dollar amount in the prior year are not considered key employees unless they meet the ownership or officer2 criteria.

Are former key employees included in top heavy test?

(If someone was a key employee at one time and ceases to be a key employee, he or she is a “former key employee” and is excluded from the top-heavy testing. Former keys are non-key employees for all other reasons.)

How much can a highly compensated employee contribute to 401k?

401(k) Contribution Limits for HCEs

The 401(k) contribution limit for 2023 is $22,500 or $30,000 if you are 50 or older. The amount HCEs can contribute depends on how much the company's non-HCEs contribute to their accounts.

What is the 20% rule for HCE?

Is within the top 20 percent of all individuals at the company when they are ranked by compensation during the look-back year. More than 5% owners would also be HCEs if a Top Paid Group election is made.

How do I avoid HCE 401k?

There are alternatives for the HCE regarding saving and reducing taxable income.
  1. Catch-up contribution. ...
  2. Contribute to a Health Savings Account (HSA) ...
  3. Make Non-Deductible Traditional IRA Contributions. ...
  4. The Backdoor Roth IRA strategy. ...
  5. Deferred Compensation. ...
  6. Open a Taxable Account. ...
  7. Deferred variable annuity.

Who is considered a highly compensated employee in 2023?

4 For the 2023 plan year, an employee who earns more than $135,000 in 2022 is an HCE. For the 2024 plan year, an employee who earns more than $150,000 in 2023 is an HCE. This information is not intended to provide tax or legal advice.

At what age are you fully vested in a 401k?

A 401(k) participant becomes 100% vested at normal retirement age, when meeting a company's early retirement age provision, or if their retirement plan is fully or partially terminated.

How many years does it take to be vested in a 401k?

The money you contribute to your 401(k) is always 100% yours but you must be fully vested to claim all of the money your employer contributes. Vesting typically takes three to five years depending on your company's plan.

What does 100 vested after 3 years mean?

Any money you contribute from your paycheck is always 100% yours. But company matching funds usually vest over time - typically either 25% or 33% a year, or all at once after three or four years. Once you're fully vested, you can take the entire company match with you when you part ways with your job.

What does it mean to be top-heavy in a company?

adjective. If you describe a business or other organization as top-heavy, you mean that it has too many senior managers in relation to the number of junior managers or workers. [disapproval] ... top-heavy bureaucratic structures.

What is top level heavy?

If something is top-heavy, it has more weight in the higher part than in the lower part and will not balance correctly: The main reason the ship capsized was that it was top-heavy.