APPLICATION OF TOP HEAVY RULES TO DEFINED CONTRIBUTION PLANS COVERING EXCLUDABLE EMPLOYEES.

SEC. 310. APPLICATION OF TOP HEAVY RULES TO DEFINED CONTRIBUTION PLANS COVERING EXCLUDABLE EMPLOYEES.(a) In General.—Paragraph (2) of section 416(c) is amended by adding at the end the following new subparagraph:“(C) Application to employees not meeting age and service requirements.—Any employees not meeting the age or service requirements of section 410(a)(1) (without regard to subparagraph (B) thereof) may be excluded from consideration in determining whether any plan of the employer meets the requirements of subparagraphs (A) and (B).” .136 STAT. 5347 (b) Effective Date.—The amendment made by subsection (a) shall apply to plan years beginning after December 31, 2023.