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September 24, 2026

Understanding 410(b) Testing for Qualified Retirement Plans

David K. Aneja, Retirement Plan Solutions & Strategic Relationships Manager

What is 410(b) Testing?

IRC §410(b) is the code section regarding annual coverage testing for qualified plans. This test checks to see the ratio of Highly Compensated Employees (HCEs) to Non-Highly Compensated Employees (NHCEs) to verify that the HCEs aren’t disproportionately benefiting from the plan. 

What does this look like?

For each contribution type (Deferrals, match, profit sharing, etc.) a list of all HCE and NHCE employees is made, and a notation is made whether each employee benefited from the plan during the year. If you were eligible to defer but chose not to, that is considered to be benefitting. 

A ratio is created comparing the percentage of benefitting HCEs vs. the percentage of benefitting NHCEs. So long as this ratio is at least 70%, you pass coverage testing. This is called passing the Ratio Test.

Is everyone included in 410(b) testing?

No. There are several groups that are excludable from testing:

  • Workers who have not met the plan’s eligibility rules, typically Age 21 and 1 year of service
  • Union Members, if covered by a collective bargaining agreement
  • Nonresident Aliens
  • Terminated Employees with less than 501 hours of service in the year and who did not benefit from the plan
  • Otherwise Excludable Employees. If your plan has eligibility requirements less restrictive than age 21 and 1 year of service, you may exclude those who would have been excluded under the 21 and 1 eligibility requirements.

What if my plan fails 410(b) testing?

If your plan fails the Ratio Test, you will have to attempt to pass the Average Benefits Test (ABT). The average benefits test is more complicated and consists of two parts: the non-discriminatory classification test and the average benefits percentage test. Both parts must be passed in order to pass the overall test.

The average benefits percentage test is similar to the ratio percentage test in that it compares a ratio of HCEs to NHCEs and must be at least 70% to pass. However, instead of comparing the numbers of benefiting participants, this test compares the actual benefit percentages received (as a percentage of compensation).  All non-excludable employees are considered for this purpose, even if they are not benefiting.

What if I still fail testing?

Most plans pass coverage testing. Generally you know going in that you’re excluding employees and risking failing before the test is ever run; only plans that attempt to exclude certain employee groups from benefits are ever at risk of failing. Simpler plan designs, such as basic 401k plans with a safe harbor match, will almost always pass testing.

Failing coverage requires corrective measures. This generally is a mixture of extending coverage to more NHCEs, or by modifying the contributions made to them. This is why the majority of plans do not exclude any employees from participating or benefitting after they meet eligibility.

Why would I ever want to even risk failing discrimination testing? Why not cover everybody?

The short answer is: Money. 

The longer answer is, through advanced plan design, often involving two paired qualified plans and selective eligibility in each, you can create a situation where you limit how much the NHCEs’ benefits cost while maximizing the benefits to the HCEs – or even just to certain HCEs. Combo plans like when combining a 401(k) New Comparability plan with a Pension Plan are a perfect example of this practice, and when used by an experienced TPA can selectively target benefits to all parties while passing testing with flying colors.

The stereotypical example of this is a Doctor’s office. The 50-something doctor, and a few select employees, are covered under a pension plan, maximizing the doctor’s benefits while only including a few of the younger, more affordable staff. A second plan, a 401(k) new comparability plan, includes everybody, and is where the employees get most of their benefits from. The plans are tested together to see whether coverage and nondiscrimination testing passes, and while the plans would fail if tested separately, paired together they pass. This allows the doctor to receive large contributions via the pension plan, while only costing much smaller matching contributions in the 401k plan.