If this is a DC plan where the deferral does not leave enough room for the TH min, please tell us. The document should cover that issue by moving the deferral into catch-up or requiring a refund.
years ago (2007) I worked on a plan that we did some preliminary testing.
one individual owned exactly 5% and was deferring 15%. Based on whatever data they sent- maybe it was 9 months of comp,
their projected comp was 100,000.14
I told them I don't care how they handle it, just make sure that the person's comp did not go over the 100,000, even if the person comes to work in the morning and finds 14 pennies sitting on his desk one day.
Not by statute, but a plan may choose (in limited instances) to continue to allocate and correct the 415 with (let's say) a return of deferrals.
But, you know this already