SRM

Thanks for the response. The GUST restatement has not been completed yet (vol. submitter). When the restatement is completed, can the document make this change (top heavy to non keys only from top heavy to all) effective back to 1/1/2001? Or Would an amendment have to have been adopted prior to the effective date of this change?

Is top heavy minimum (to key employees) a protected benefit? 401(k) Profit Sharing Plan Pre-Gust document provides top heavy minimum contribution to all employees (not just non-keys). For PYE 12/31/01, employer wants to make top heavy minimum to non key employees only. Considering the remedial amendment period, can the GUST restatement of the document provide the top heavy minimum only to non-keys? Note, in prior years the Profit Sharing contribution was greater than top heavy minimum for all participants.