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  1. Hi, I have a 12/31 plan that has 2 match formulas. 50% to 6% and 100% to 6%. The 100% to 6% is failing BRF. This match was "grandfathered" to a group of 4 participants (1 HCE, 3 NHCEs) back in 2004. They were part of a larger group and the formula worked for a bit. The plan spun out in 2013 and is now a much smaller plan. It is failed BRF that year (never corrected). For 2014, the usual HCE fell below threshold therefore was considered NHCE. Now 2015, they are failing again. By the way the plan was restated in 2013 and again in 2016. Is there any way this would be permissible since it was a "grandfather" closed group? Or do they need to expand the group receiving the match? Thanks for any help...We are up against the 9 1/2 month deadline which is Saturday/Monday.
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