Ask him why he is doing it that way, and why he would think that's acceptable.
How could an eligible participant who's never had a contribution (deferral or PS or whatever) all of a sudden now have an account b/c the trust had a gain?
Are you sure he's not trying to allocate a Profit Sharing?
And, tip of the iceberg, indeed. If this is how he allocates earnings, I don't wanna know how the rest of the plan is being run...
Catch-ups triggered by the 415 limit are not included in the ADP test.
If that means the ADP test now passes, the refunds previously paid are overpayments and need to be corrected under EPCRS.