QNECs and prior year testing

[Guest Jane Freeman]

I think this is probably stretching the rules but thought I would ask anyway.

A plan that uses prior year testing for the 2003 plan year and also wants to include a QNEC as part of the prior year ADP must contribute that QNEC to the plan no later than 12/31/03 (assuming calendar year plan). Does that QNEC actually have to be allocated to the account(s) of the participant(s) prior to 12/31/03? For example, if the plan has a forfeiture balance at the end of the 2003 plan year, are those forfeitures considered deposited prior to 12/31/03 and can then be allocated as a QNEC (assuming document provides for) in 2004 (at time the 2003 testing done)?

[Guest qualified plan]

Jane,

Were you able to answer this question? Does anyone else have any thoughts on this?

Thanks.