Can match contributions for the 1999 plan year be reduced prior to the

[Guest EBC]

I have a plan that is terminated and is planning on distribution in January 2000. They match deferrals 100% upto 7% of comp. The plan has 1 HCE. Deferrals have been frozen and the match determined and is in the process of being funded. Based on the comp figures, the ACP and mutliple use tests fail. Excess aggregate contributions are treated as forfeitures and for this plan is used to reduce employer contributions. Can the excess aggregate contribution be forfeited prior to the year end and used to fund the 1999 match?

Any other suggestions?