eligible participant

(2) Eligible participant (A) In general For purposes of this subsection, the term “eligible participant”, with regard to a defined contribution plan, means an individual, without regard to whether the individual is otherwise a participant in such plan, who— (i) meets any age, service, and other eligibility requirements of the plan, and (ii) is not a highly compensated employee (as defined in section 414(q) ). (B) Eligible participant who becomes a highly compensated employee Notwithstanding subparagraph (A)(ii), an individual on whose behalf a pension-linked emergency savings account is established who thereafter becomes a highly compensated employee (as so defined) may not make further contributions to such account, but retains the right to withdraw any account balance of such account in accordance with paragraphs (7) and (8).

Source

26 USC § 402A(e)(2)


Scoping language

For purposes of this subsection
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