Which Testing Method?

[fiona1]

We signed our GUST restatement back in 2002 and we indicated to use the Prior Year Testing method.

However, we just found out that we did not complete our 2001 ADP/ACP testing. So we're doing that now.

2001 would have been during the GUST remedial period - so I'm thinking that we can choose between the Current Year and Prior Year method.

But part of me thinks that we're only allowed to use the Prior Year method since that's what our plan document indicates - even though this is a 2001 test.

Any suggestions?

[Nate X]

I'm assuming that the plan is not on an individually designed document and your GUST document became effective in the 2002 plan year. That means in 2001 the plan was still in the GUST remedial amendment period, and you were given the ability to switch back and forth between testing methods. This is assuming that your document does not address the the prior history like the Corbel document does.