non calendar year adp test/catch up

[Guest LoloV]

We are trying to resolve an issue and would appreciate any input:

11/01/03-10/31/04 Plan year

11/01/03-10/31/04 deferrals for HCE = 18000

01/01/03-12/31/03 HCE had 1500.00 in catch up

01/01/04-10/31/04 HCE already deposited 16000.00 (3000 catch up for 2004)

For the 10/31/04 ADP test do we include 16500 (18000-1500) of deferrals in the ADP test or do we include 13500 (18000-1500-3000)?

If we are to only include the 16500 and the test still fails, I assume this HCE would not be able to have any of the excess reclassified and would need a return since the 2004 catch up limit has already been met.

Please help, we are split 50/50 on this issue!!

[Guest LoloV]

I think we found the answer (13500) in the examples of the final regs on catch up contributions.