Terminating SEP and PS Plan - New 401k

[austin3515]

Employer sponsors a SARSEP.

Terminates Plan 12/20/2013 (essentially via a board resolution terminating it).

Employer Sponsors Profit Sharing Plan

Terminates 12/31/2013.

Balances will not be paid out until June 2014.

Calendar Year Plan

Sponsor Starts a 401(k) Plan effective 2/1/2014 with a Plan Year 2/1/2014 – 01/31/2015.

Plans with different Plan Years still have to be aggregated for Top Heavy purposes.

To determine the top heavy status for Plan year beginning 2/1/2014 you must aggregate the plans and the determination dates that all fall within the same Plan Year.

Therefore to determine the top heavy status for the new 401(k) Plan we must include all Top Heavy tests within the 2014 plan year.

1. Am I interpreting the regs correctly?

2. Is it correct to say that to determine the 401(k) Top heavy status I will only need to include the profit sharing Plan balances?