Top Heavy Minimum Due - and Earnings?

[PMC]

Plan is top heavy for years 2004 thru 2007 and the Employer failed to make contributions in the amount to satisfy the top heavy minimum. The Employer now wants to make the top heavy minimum for those years.

Since there is no absolute deadline for making a top heavy minimum can they ever be considered "late." If they are not considered late, must the top heavy contributions due be adjusted for earnings (and I assume losses)? What would the starting date be for determining earnings? For example if the t-h contribution was for the 2004 year, would earnings be calculated from say the tax filing date for the 2004 year up until the time the contribution is made to the Plan?

[401king]

Since there is no absolute deadline for making a top heavy minimum can they ever be considered "late."

I'm under the impression that he deadline for making the contribution is the last day of the following plan year. Unfortunately, I'm bad with sources, but would you happen to know where you found something saying there's no deadline?

[PMC]

King -

Other than not seeing anything in the Code or Regs. with a specific deadline, Erisa Outline Book Chapter 3B, Section IV, Part A.5 - Sale discusses no formal deadline and indicates earnings should be factored in and uses the 404 and 415 dates as possible dates from which earnings are calculated.

I was just wondering what others may have been doing or advising re- this.