The proposed guidelines supply that commentators requested that LTPT staff be excluded for purposes of determining regardless of whether a plan is a modest program exempt from the audit report requirement. In response, the preamble to the proposed guidelines delivers that the annual audit report requirement falls beneath the regulatory and interpretive authority of the Division of Labor, and is outside the scope of the proposed regulations. No. The proposed guidelines clarify that LTPT workers might be permitted to make catch-up contributions and Roth contributions. Even so, an employer electing to exclude LTPT employees from Testing could prohibit these personnel from making catch-up and/or Roth contributions and not run afoul of these Testing requirements. In other words, the rules do not apply to an employee who became eligible for a 401(k) program by explanation of obtaining completed any other service requirement, or an employee who is promptly eligible to participate in the strategy.

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Plan sponsors must evaluation their program language with counsel to ascertain if any amendment could be necessary this year. The proposed guidelines supply that this language would need to have to be adopted just before the beginning of the strategy year. The guidelines relating to employer contributions are not changing, nonetheless. Employers will not be required to make employer contributions (i.e., matching or nonelective contributions) for LTPT staff (while they will be no cost to do so).