How is a non-highly compensated employee (NHCE) defined?

A non-highly compensated employee (NHCE) is defined as an employee who does not meet the criteria of a highly compensated employee (HCE). The classification between HCE and NHCE is important for compliance with various IRS nondiscrimination rules regarding retirement plans. Typically, an HCE is defined based on earnings, ownership, or status in the organization, such as being one of the top earners or holding a significant ownership stake.

Understanding this definition is crucial because it impacts how contributions and benefits are structured and ensured to remain fair and equitable for all employees, particularly in plans like 401(k)s. Ensuring that NHCEs are not adversely affected compared to HCEs is a primary concern in plan compliance.

In contrast, options that refer to part-time status, temporary worker status, or age do not directly relate to the criteria for being classified as a non-highly compensated employee and would not be relevant in the context of NHCE definitions.