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  #11  
Old 08-23-2018, 05:49 PM
Woopsadaisy Woopsadaisy is offline
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I'm more focused on this being a potentially defective statement as opposed to a true statement.
Question - Is this plan design a Safe Harbor design, because if it is not a Safe Harbor design then there are now potentially 2 things wrong and/or confusing with statement #2,
1 - referencing coverage as opposed to nondiscrimination AND
2 - referencing a plan design, indicating that it is Safe Harbor when it is not Safe Harbor.

Triple true/false are tricky enough without confusing language.
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  #12  
Old 08-23-2018, 11:06 PM
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Rick_G Rick_G is offline
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I don't see anything defective in item II. The problem states that two different formulas satisfy the uniformity and safe harbor requirements.

The question asks whether the sum of the two formulas is a safe harbor. This is specifically allowed in the regulation at 1.401(a)(4)-(3)(f)(6)(xi)(A).

There is a specific reference to allowing lower benefits for HCEs in the regulation at 1.401(a)(4)-(3)(f)(6)(x)(A).
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