I can't find anything at the moment that has a usable citation. So, how about a practical analysis? I submit that if an individual terminates early in year X and said individual would be increased pursuant to the top-heavy vesting schedule were the plan determined to be top-heavy it is therefore required that the top-heavy analysis be performed solely with information available at 12/31/X-1.
Does that do it for you?
leevena: My best guess is the current plan offers a couple of benefits and the sales person picked up on the fact that more could be offered. He/she probably said something like "you only are getting A and B. I can offer X, Y and Z!"
The proposed provision violates the $18,500 deferral limit by whatever the match is. The plan design would make the match an elective deferral along with the conventional "elective deferral."