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I do not think you can formally state two groups, those employed 2/15/PY+1 and those not, because a person's grouping is not determinable by PYE. Draw a parallel to changing an HCE top-paid group election after PYE, where the result changes a person's status under the plan, which is impermissible. Using individual allocation groups in the document but in practice determining two allocation groups by your desired methodology is the best way to accomplish what they want IMHO and I think that of most others. If said 2/15 fell on a weekend or holiday and/or for whatever reason the plan sponsor wanted to accelerate or delay that date, individual groups compared to hardcoding, even if such was permissible, makes administration accommodating. Just because the document allows for flexibility doesn't mean it needs to be used. Finally, you mention a parent and a lot of subsidiaries all with their own plans with separate RKs and independent testing. Is no one concerned about testing in consideration of the control group?

Peter, just because the document says everyone is in their own group, it’s incredibly rare to actually have to test more than a handful of groups. For example, everyone that is employed on the February date would likely be in the same group for testing. The plan definition just provides flexibility on how they are grouped.

Hiya Peter! Thanks for all you do for this community, I appreciate the way you step up to make sure correct information gets out there and questions get answered. There are lots of other folks on this board that have also shared their deep experience, and perhaps they can weigh in here: In all the years I've been using the General Test for Non-discrimination (Cross testing), I've developed a "wait and see" attitude. I have been surprised many times when the math doesn't work. One really knows nothing until the tests are performed. I would advise a Plan Sponsor against jumping to conclusions about the likelihood of passing the tests. I have also been surprised when a Plan passes testing when at first glance I thought that it never would.

I have made the (not all all difficult) decision to retire at the end of this year. I have agreed to work a couple of days a week during the early part of next year to help out my employer while they hire a replacement, but it's a limited engagement. I'll be lurking on these boards for a while yet. I'd like to take this opportunity to thank Dave and Lois for providing this magnificent resource - it has been a tremendous asset! I'd also like to thank all of you folks, past and present, for the invaluable assistance you have given to me over the years. I've certainly taken more than I've given, and your time, generosity, and expertise is appreciated more than you can ever know. It's not just the technical expertise, but the sounding board for discussions, sometimes griping (misery loves company) and humor in the face of statutory and regulatory foolishness that makes this such a great community. I wish you all the best in your future endeavors (I'm trying hard not to gloat) as you continue in this business, and I hope you all have a great Holiday season! Take care, and again, a heartfelt thanks!!!