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A.C.

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  1. How should the IRS compliance question for nondiscrimination testing for "how the plan intended to satisfy" the requirements for a plan that terminated in a prior plan year? The form instructions say to "Check N/A" if the plan is not required to test for nondiscrimination under Code section 401(k)(3), such as a plan in which no HCE is benefiting. I took a look at this section which discusses safe harbor requirements and saw a statement about the final plan year but it still wasn't clear to me all of the exceptions the form instructions were trying to refer to. There is a reference to the final plan year and says the following: Since the plan year relating to this 5500 is one following the plan termination date and is when the final distributions occurred, would N/A be the appropriate response?
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