How to Invest When My 401(k) Fails Nondiscrimination?
Money Girl
Macmillan Holdings, LLC
4.6 • 1.8K Ratings
🗓️ 20 March 2026
⏱️ 10 minutes
🧾️ Download transcript
Summary
1005. Is your company "returning" your retirement savings? In this episode, Laura answers a listener question from Jay P., who is frustrated that his contributions keep getting bounced back as taxable income.
If you’re a high earner or a diligent saver, nothing is more frustrating than seeing your hard-earned 401(k) contributions returned to your checking account. But why does the IRS penalize you just because your coworkers aren’t saving enough?
In this episode, Laura breaks down the "Highly Compensated Employee" (HCE) rules and explains exactly why your retirement plan might be failing its annual nondiscrimination tests. More importantly, she shares the specific steps you can take to keep your momentum going even when your workplace plan hits a ceiling.
Laura goes over:
- The HCE Threshold: The specific 2026 income and ownership limits that trigger these IRS rules.
- The "Safe Harbor" Solution: How to pitch a plan upgrade to your HR department that eliminates testing forever.
- Tax Fallout: How to handle the tax liability of returned pre-tax vs. Roth contributions.
- Pivot Strategies: Three powerful "Plan B" accounts—including HSAs and Roth IRAs—to house your returned cash so it stays invested for the long haul.
Find a transcript here.
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Transcript
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| 0:00.0 | Hey everyone, welcome to episode 105 of Money Girl. |
| 0:09.4 | This is Finance Friday, where I answer your burning money questions. |
| 0:13.8 | I'm Laura Adams, an award-winning author, spokesperson, money speaker, and founder of the Money Stack. |
| 0:19.6 | That's my substack newsletter. You can sign up and learn more |
| 0:23.0 | at laura d adams.com. Today, I have a great question that I don't think I've ever received before. |
| 0:29.8 | It comes from J.P., who says, over the last seven to eight years with two different employers, |
| 0:40.0 | they've returned some of my 401K contributions due to failing the discrimination test. It seems unfair to penalize me for my co-workers' |
| 0:48.3 | lack of contributions. What can I do? Thank you so much for your question, Jay. I can definitely hear your frustration about not being able to make more contributions |
| 0:59.1 | to your retirement plan. |
| 1:01.2 | In this podcast, I'll explain what the retirement non-discrimination test is and what to do |
| 1:07.6 | if your contributions get returned. |
| 1:10.4 | So first, let's talk about what exactly I'm talking about with the non-discrimination test. |
| 1:16.9 | Employers that offer workplace retirement plans get benefits from doing that, like getting a tax |
| 1:23.2 | deduction for paying matching contributions. |
| 1:25.5 | In addition, employees who participate get valuable benefits |
| 1:30.8 | like deferred taxes on contributions and investment growth. In exchange, the Internal Revenue Service, |
| 1:38.1 | or IRS, requires that certain retirement plans not disproportionately favor highly paid employees or company owners. |
| 1:48.5 | They require annual non-discrimination testing to enforce an acceptable balance of participation |
| 1:54.7 | that doesn't unfairly benefit top earners over the rest of the workforce. |
| 2:00.1 | Employers have to use various non-discrimination |
| 2:02.7 | tests that compare the average savings or ownership status of highly compensated employees |
| 2:09.4 | or HCEs to the average savings of everybody else. The calculations get a bit complicated and they do |
... |
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