An employer has two plans. Neither is exclusively a union plan.

One covers employees out in the field and the other is for office employees.

The plan that covers field employees is a safe harbor matching plan. The office plan is not a safe harbor plan and has a discretionary match and profit sharing plan. The office plan has most, if not all the HCEs in it, but nonetheless, the field plan has a couple of HCEs.

Other than passing coverage testing separately, does anyone see a prohibition against this sponsor providing for a safe harbor arrangement in one plan and testing the other under ADP/ACP rules?

Thanks in advance for any feedback.

You can use your approach as long as each plan passes 410(b) coverage testing standing alone. (There is no universal availability rule for a SH plan.)

Thank you for the confirmation of the approach.

I am quite certain there is no sort of "universal availability " rule for SH. So I think you have it right.

I would have sworn I pressed the send key yesterday. ya gotta love computers.