Highly compensated participant and individual defined
For purposes of this section—
(1) Highly compensated participant
(1)Highly compensated participant#
The term “highly compensated participant” means a participant who is—
(A) an officer,
(B) a shareholder owning more than 5 percent of the voting power or value of all classes of stock of the employer,
(C) highly compensated, or
(D) a spouse or dependent (within the meaning of section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of an individual described in subparagraph (A), (B), or (C).
(1)(A)#
an officer,
(1)(B)#
a shareholder owning more than 5 percent of the voting power or value of all classes of stock of the employer,
(1)(C)#
highly compensated, or
(1)(D)
(2)Highly compensated individual#
The term “highly compensated individual” means an individual who is described in subparagraph (A), (B), (C), or (D) of paragraph (1).