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So, I pay you $2,000 a year to do a job for me and you are going to charge me $200/hr more to explain it to me? Not a very client-friendly business model.

For whole life or other policies that have cash values, I agree with the auditor. Premium payments are effectively a transfer from one investment to another. Term would show up as an expense.

At the end of the day, "Matching contributions are not treated as forfeitable merely because the contributions to which they relate are excess employee contributions, excess aggregate contributions, or excess deferrals". You are not forfeiting match merely because of an ADP failure, but to correct a discriminatory rate of match after all corrective distributions have been made. The document "may" prescribe a forfeit of attributable match prior to the ACP test, but even that would not appear as an authority to forfeit on the first payrolls. So, to prove your case another way, I'd challenge them to show me where match is to be forfeited merely due to ADP failure. If that language isn't there, then they have no basis for forfeiting the match; as they would be hard-press to prove there remains a discriminatory rate of match after the ADP refund. Just more fuel for your fire :-) Good Luck!

jpod: The one thing I am certain about when it comes to domestic relations law is that the parties defy logic or rationality in what they do, and how the "divorce" progresses....