HCEs in 2 Plans

[Guest Chains]

Has anyone run into these situations with HCEs in multiple (k) plans?

(1) HCEs 1 & 2 in Plan A both contribute $10,000. HCE3 in Plan B contributes $10,000. For the last few months of the year, HCE3 in Plan B becomes eligible for Plan A. With their deferrals included in A's ADP Test, Plan A fails and requires $3,000 in distributions. How is this handled? HCE3 made no actual deferrals to Plan A.

(2) Same basic premise as above, except all 3 HCEs make deferrals to Plan B, none to Plan A. Since they are eligible for both plans, deferrals are tested in both. Plan B passes, while Plan A fails. Sponsor does not want to aggregate. Are any distributions required? The HCEs made no actual contributions to the plan that failed.

Any PLRs or other cites appreciated!