shame on you. the I in IRS stands for "illogical" - you should know that by now. I suspect because of the way the regs are written, you have to have to write your own special language that says something like "oh, by the way if you have someone who terminates with 1000 hours in a DB/DC combo, even though he is not eligible for a dc top heavy give it to him in the DC anyway" of course, anytime someone writes their own language all bets are off. (or put another way, in a volume submitter document I bet the hands are tied) a few years ago at the ASPPA Conference on my top heavy talk I shared the following I tripped across in a takeover document for "special language" 1a. Plan to which Top-Heavy allocations are made: i. [ ] This Plan ii. [ ] Pursuant to the terms of another plan iii. [ X ] Partially in this Plan 1b. If H.1a.iii is selected, describe how the Top Heavy minimum accruals will be made: 2% top heavy minimum to XXX, Inc. Cash Balance Plan and 3% top heavy minimum to this plan.
I'm not sure how that would pass because 2% Cash Balance + 3% profit sharing does not equal 5% top heavy
you would have to convert the 2% to a DC equivalent to verify that would work.