This is for an existing 401(k) plan that has an eligibility requirement of 1 YOS with Quarterly Entry.
In November they opened enrollment and waived the 1 YOS eligibility requirement saying - if you are currently an employee, even if you do not have 1 YOS, you can begin deferrals as long you sign up to do so in the next 30 days. If you do not sign up to start deferrals by the 30 day deadline then you must wait until you have 1 YOS and then you can begin deferrals on an ordinary quarterly entry date.
Effective, only those who chose to defer early (during this open period) are being considered as eligible, while those who chose not to defer are being considered ineligible.
Is this acceptable - or would everyone who was an employee as of the open enrollment period be considered eligible?