### Question
How does SHARING, STOCK BONUS PLANS, ETC. define eligible participant?


### Answer
Under *26 U.S.C. § 414*, **eligible participant** is defined as:

> a participant in a plan—


(A) who would attain age 50 by the end of the taxable year,


(B) with respect to whom no other elective deferrals may (without regard to this subsection) be made to the plan for the plan (or other applicable) year by reason of the application of any limitation or other restriction described in paragraph (3) or comparable limitation or restriction contained in the terms of the plan

#### Citation:
  - *26 U.S.C. § 414*
  - Heading: **Subtitle A-Income Taxes > CHAPTER 1-NORMAL TAXES AND SURTAXES > Subchapter D-Deferred Compensation, Etc. > PART I-PENSION, PROFIT-SHARING, STOCK BONUS PLANS, ETC. > Subpart B-Special Rules**

