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Q 39 at the 2012 ASPPA Conference: A safe harbor 401(k) plan fails the §410(b) coverage with respect to its profit sharing plan component. Within 9-1/2 months after the close of the plan year, the employer adopts a corrective amendment, pursuant to Treas. Reg. §1.401(a)(4)-11(g). Does this amendment cause the 401(k) component to lose its safe harbor for the plan year in which the corrective amendment is adopted? ASPPA suggested answer No. Regardless of the position taken by the IRS with respect to amendments made to a safe harbor 401(k) plan, an implied exception exists for any amendments that are necessary to correct a violation of the nondiscrimination testing rules, which is a fundamental requirement for a qualified plan. The IRS agrees with the proposed answer.

With a match intended to satisfy the ACP safe harbor rules being under discussion, I'll point out that the ACP safe harbor regs say you are not allowed to amend mid-year to change the match formula, which is one of the provisions that satisfies the rules of 1.401(m)-3. I read the OP as saying the amendment has not been done. Hopefully, that is the case. I also agree that adding a last day requirement for the match true-up violates the ACP safe harbor rules.

I don't see why not. Don't forget, the SHM must then be deposited no later than the end of the following quarter.