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Does anyone have information on the Highly Compensated Employee provision of 401(k) plans. I've been contributing to my 401(k) for several years now but I think I may be moving into HCE territory this year.

I'm looking to contribute the maximum of 10K this year, but some of what I've read concerning HCE seems to say that if I'm a HCE that I won't be able to contribute the maximum.

Is my employer responsible for determining this status or is it me? Is it possible to overcontribute? What happens to that "overflow"? Will I be penalized 10% because I didn't understand whatever convoluted formula the IRS comes up with to determine my real maximum?

Any help would be appreciated. Thanks.

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