The proposed rules present that commentators requested that LTPT personnel be excluded for purposes of figuring out irrespective of whether a program is a smaller strategy exempt from the audit report requirement. In response, the preamble to the proposed rules gives that the annual audit report requirement falls under the regulatory and interpretive authority of the Department of Labor, and is outside the scope of the proposed regulations. No. The proposed rules clarify that LTPT employees could be permitted to make catch-up contributions and Roth contributions. On the other hand, an employer electing to exclude LTPT employees from Testing could prohibit these staff from creating catch-up and/or Roth contributions and not run afoul of these Testing requirements. 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