ADP testing

[Guest JBY]

I have been reading past posting in hope of finding a way to collect compensation and deferrals for a multiemployer plans. I know that one pratice is to multiply the hours worked during the year by the participant by the negotiated hourly wage under the current collective bargaining agreement covering that participant. Another source of information is the contribution remittance reports filed by each employer with the plan. However, the Service does not permit ADP testing using data that is not accurate with regard to each participant. Does anyone have a solution to this nightmare.

Thanks

[Effen]

Although multi-employer "annuity" plans may look/feel like a 401(k) plan, 99% of the time they are not. Assuming the contribution rate is negotiated, it is considered employer money and not subject to testing.

Even if it really was a 401(k) and each participant decided how much they wanted to defer, do you have any HCE's in the group?

[Guest JBY]

We are sure that it is a true 401(k) with HCES.