Compliance & Law

Highly Compensated Employee

3 min read

Definition

An employee who earns above a threshold set by the IRS or owns more than 5% of the business. HCEs are subject to nondiscrimination testing limits.

In This Article

What Is a Highly Compensated Employee

A highly compensated employee (HCE) is someone who earned more than $135,000 in the prior year or owned at least 5% of a business at any point during the year or prior year. The IRS sets and adjusts this income threshold annually. For 2024, the threshold increased to $150,000.

This designation matters primarily for employers offering retirement plans like 401(k)s. However, it can indirectly affect your government benefits eligibility because some employers use HCE status to manage retirement plan contributions, which may influence your overall compensation structure and reported income.

How HCE Status Relates to Benefits Programs

If you are applying for SNAP, Medicaid, TANF, or WIC, your reported income determines eligibility. HCE status itself does not disqualify you, but understanding how your employer classifies you can clarify what income counts toward benefits calculations.

  • SNAP eligibility: Gross monthly income limits range from $1,868 (130% of federal poverty line for a single person) to much higher amounts for larger households. Your wages count fully toward this calculation regardless of HCE status.
  • Medicaid: Income thresholds vary by state but typically range from 138% to 200% of the federal poverty level. W-2 wages and salary are counted the same way for HCEs and non-HCEs.
  • TANF: Monthly income limits average around $1,000 to $1,500 depending on family size and state. HCE designation does not change how income is counted.
  • WIC: Income limits are typically 185% of the federal poverty line. Household wages are reported and verified directly on your application.

How HCE Restrictions Might Affect Your Pay

When an employer sponsors a 401(k), the IRS requires Nondiscrimination Testing to ensure that highly compensated employees do not receive disproportionately higher contributions than non-HCE workers. If testing fails, an employer may limit HCE contributions or cap how much non-HCE workers can contribute.

Some employers use a Safe Harbor provision to automatically pass nondiscrimination testing. This means your employer must contribute a set percentage for all eligible employees, which can actually increase what non-HCEs receive.

If you are classified as HCE and contributions are limited, this may reduce your take-home pay or the amount you can save in a 401k. This could slightly increase your reported income available for living expenses, but benefits programs calculate income based on gross wages, not retirement contributions.

Common Questions

  • Does being classified as HCE disqualify me from government benefits? No. HCE classification is an internal employer designation for retirement plan purposes. It does not directly affect SNAP, Medicaid, TANF, or WIC eligibility. Your gross income does, but that applies equally regardless of HCE status.
  • How do I know if I am classified as HCE? Ask your HR or benefits department directly. They will tell you based on the prior year's compensation. You can also calculate it yourself: if you earned more than $150,000 (2024 threshold) in the prior calendar year, you likely qualify.
  • Can HCE status change my tax withholding or reported income on my W-2? HCE status does not change what appears on your W-2. Your gross wages are reported the same way. However, if your employer limits 401(k) contributions due to nondiscrimination testing, you may have more income available in your paycheck, which could affect benefits if you report it correctly on applications.

Disclaimer: BenefitStack provides benefits navigation information, not financial or legal advice.

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