I have an employee who is due an ADP refund, but is deceased. Should his bene be forced to take the distribution? I am thinking so, since these dollars cannot stay in the plan because of the testing failure, but wanted to pose the question.

Thanks.

Unless the refund is late, I'm guessing that the participant passed away fairly recently?? My thought would be that the refund would go to the estate of the deceased and should be included with the participant's final income and tax filings as it was not valid deferral $. Just my opinion....