Ok - have a safe harbor new comp plan, maximizing the Doc...

The plan has an employee who has worked for the client for 11 years all full-time thru 2005, always a plan participant. In 2006, she worked only 243 hours but did not terminate, so is entitled to the 3% SHNEC (or 3% top heavy; same #).

Can she be treated as an otherwise excludable for the plan year due < 500 hours or do I have to give her the 2% to bring her up to 5%? With the minimal amount of her comp it won't be an issue for the client but I believe she needs the gateway due to her status as a "continuing" participant.

She needs the gateway

Dittos.

There is no <500 hour exclusion rule.

There is a term & <500 hour exclusion but that is not available either because (a) not a term and (b) receipt of the SHNEC make her a benefitting employee which foils (holy shnec batman) a condition of the exclusion.


P.S. Actually I don't think there is a T <501 exclusion available for purposes of separately testing for gateway purposes anyway, so I should delete this post and just agree with ak2ary but I did like the chance to interject batman so I'll leave it with this postscript.

LOL