does this constitute a BRF that would need to be tested (and will fail) since only the 3 owners are allowed to enter as of a date that is earlier than the 1 year of service requirement? This is a new plan and a new employer. No one was hired (or so they say anyhow) until a couple of weeks after the owners established the practice. The owners all have the same date of hire in the third quarter of 2012, so would not be eligible to enter using the standard 1 year of service. All other employees were hired after the owners and are not eligible because of the 1 year wait and they were not employed on the date being used for the "employed on date" waiver.