Discrimination Testing

Discrimination Testing in the context of an employer-sponsored 401(k) refers to the mandatory evaluation conducted to ensure compliance with IRS regulations, specifically to prevent highly compensated employees (HCEs) from receiving disproportionate benefits compared to non-highly compensated employees (NHCEs). The purpose of this testing is to maintain the plan's qualified status, allowing employees to enjoy tax advantages and encouraging fair distribution of retirement benefits within the organization.

The two primary types of Discrimination Testing are the Actual Deferral Percentage (ADP) test and the Actual Contribution Percentage (ACP) test. These tests assess the contributions made by both HCEs and NHCEs and compare them to ensure that the plan doesn't favor highly compensated employees excessively.

Example 1: ADP Test - If HCEs contribute significantly more to the 401(k) plan than NHCEs, the ADP test ensures that the contributions of the HCEs do not exceed certain limits based on the average contributions of NHCEs.

Example 2: ACP Test - The ACP test evaluates employer matching contributions and employer non-elective contributions. It ensures that the matching and non-elective contributions made on behalf of HCEs are reasonably proportionate to those of NHCEs.

Example 3: Corrective Measures - If the Discrimination Testing uncovers imbalances, corrective actions may be required, such as returning excess contributions to HCEs or making additional contributions to NHCEs, to bring the plan back into compliance and maintain its tax-qualified status.

In summary, Discrimination Testing plays a crucial role in promoting fairness and equitable distribution of retirement benefits within employer 401(k) plans while adhering to IRS regulations.

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