Do I need to change NRA?

[AlbanyConsultant]

Working on a 401(k) profit sharing plan that has NRA of 55. 2 HCEs and 1 NHCE, all of whom are fully vested due to years of service.

My first question is, as a profit sharing plan, is it necessary to comply with 1.401(a)-1(b) (as revised in 2007)? The language there is concerning "pension" plans, and I wonder if they mean that in the strictest sense or more general.

If this plan does have to meet that requirement, what kind of problem do we have? None immediately, it seems, but the second that another NHCE is hired, he will not benefit under the old plan NRA definition, so won't we fail benefits/rights/features coverage testing?

Finally, can I actually do this? Is there a problem with this kind of cut-back?

Thanks.