401(k) Plan Termination Effective 2001.

[Guest ROB VIDOVICH]

I have a 401(k) Plan that submitted a request to terminate the plan effective 12/31/2001... The plan has a 12/31 plan year end.

Approval has been received from the IRS during the 2002 calendar year. A final valuation of plan assets will be completed for distributions to participants. Since no contributions were made to the plan during the 2002 calendar year and IRS has approved plan termination, is this plan still required to run any of the year-end compliance tests for 2002?????

[JanetM]

You could say that since no HCE's benefit during 2002 you pass ADP & ACP. No one was allowed to contribute - no HCE's benefit - you pass coverage.