My question involves labor and employment law for the state of: New York
I've been a contributor to my company 401k plan for 10 years. The company offers a match on the plan, and has made 2 discretionary profit sharing contributions on my behalf in the ten years. The plan is a top heavy plan by admission of the plan trustees. The plan provides for 4 tiers for profit sharing: majority owners, minority owners, executives and other. My assumption is that I'm in the "other" category.
My question is this: A co-worker and I recently checked the summary annual statement that we received for prior years, and noticed that in at least one year, a profit sharing contribution was made for which we did not receive a portion. Is this legal in a top heavy plan? Is there a minimum amount that lower level employees must receive if the top owners contribute for themselves? I had thought there was a 3% safe harbor rule.
Thank you in advance.

