A critical aspect of qualified retirement plans involves ensuring fair and equitable benefits for all employees. Two key tests, the Actual Deferral Percentage (ADP) and the Actual Contribution Percentage (ACP) tests, are designed to prevent discrimination in favor of highly compensated employees (HCEs). The evaluation of these tests often necessitates a clear understanding of how remuneration is defined within the context of these regulations. This definition encompasses various forms of earnings used to calculate contribution percentages and determine whether a plan meets compliance standards. For example, regular salary, bonuses, and commissions might be included, while reimbursements and certain fringe benefits might be excluded. The specific elements included depend on the plan document and applicable IRS regulations.
Compliance with ADP and ACP regulations is essential for maintaining the qualified status of a retirement plan. By adhering to these nondiscrimination standards, businesses can ensure that retirement savings opportunities are provided in a manner that benefits a broad range of employees, not just those at the highest pay levels. Historically, these tests emerged from concerns about retirement plans disproportionately favoring executive-level employees. Failing to meet these tests can result in penalties, corrective distributions, or even plan disqualification, each of which can have significant financial and administrative repercussions for the employer and the employees.