Controlled Group - Multiple 401k Plans and Nondiscrimination Testing

[LauraS]

A controlled group exists and encompasses six different 401k plans as follows:

1. Traditional safe harbor using safe harbor employer match formula

2. Traditional 401k with its own employer match formula

3. Traditional 401k with its own employer match formula

4. Traditional 401k with its own employer match formula

5. Traditional 401k with its own employer match formula

6. QACA safe harbor using an Enhanced Match formula

*The plan count has been paired down as far as it can so combining plans is not an option.

I know this is an off the wall question but could #s 1 and 6 intentionally ignore the ADP/ACP testing exemption so the NHCEs from each plan could potentially help the other plans pass ADP/ACP testing and avoid refunds?

[justanotheradmin]

if you read down this thread I think some of the comments will be helpful. 

It will come down to how the testing is aggregated and what methods are used to pass.