Highly Compensated Participant definition
Examples of Highly Compensated Participant in a sentence
Forfeitures of Excess Aggregate Contributions shall be treated in accordance with Section 4.3. However, no such Forfeiture may be allocated to a Highly Compensated Participant whose contributions are reduced pursuant to this Section.
For purposes of this Section and Section 12.5, a Highly Compensated Participant and a Nonhighly Compensated Participant shall include any Employee eligible to make salary deferrals pursuant to Section 12.2 for the Plan Year.
In determining the amount of Excess Contributions to be distributed and/or recharacterized with respect to an affected Highly Compensated Participant as determined herein, such amount shall be reduced by any Excess Deferrals previously distributed to such affected Highly Compensated Participant for the Participant's taxable year ending with or within such Plan Year.
For purposes of this Section, a Highly Compensated Participant and a Nonhighly Compensated Participant shall include any Employee eligible make after-tax voluntary Employee contributions pursuant to Section 4.4 (whether or not after-tax voluntary Employee contributions are made) allocated to the Participant's account for the Plan Year.
Notwithstanding the foregoing, amounts may not be Recharacterized by a Highly Compensated Participant to the extent that such amounts in combination with other Nondeductible Employee Contributions would exceed any stated limit under Sections 3.07 and 3.08(a) (determined prior to applying Code section 401(m)(2)(A) and Section 3.09).