Is there any flexibility in the restricted distributions to HCEs in a plan that would be LESS than 110% funded after a proposed distribution to an HCE if there are no NHCEs in the plan and never has and never will be. For example if you had a permissively aggregated DB-DC combo plan arrangement and only HCEs are in the DB plan (pass 401(a)(26) due to high volume of HCEs) does the DB plan still need to be 110% funded after a proposed distribution to an HCE in order to be able to do the HCE distribution ? Does the 1.401(a)(4)-5(b) restrictions ALWAYS still apply in this situation ? Any way for all the HCE or Employer to elect not to impose them since there are no NHCEs to discriminate against ? Thanks for any thoughts and opinions.