I guess I have never looked at it that way. So would a person who was a participant from 1/1/2014 to 12/16/2014 be on the coverage test for 2014? They wouldn't get an allocation as of 12/31/2014 so do they hurt the test?
If the vendor asserts the usual stance that it is not the plan's administrator, not a fiduciary, and does not render accounting, tax, or legal advice, is there any reason the plan's administrator does not politely decline to follow the vendor's suggestion and instead use the advice of someone who is professionally responsible for his or her legal advice?
Could the summary plan description be one of "the documents and instruments governing the plan" within the meaning of ERISA section 404(a)(1)(D) and also a part of "a definite written program and arrangement which is communicated to the employees and which is established and maintained by an employer" within the meaning of 26 C.F.R. 1.401-1(a)(2)?