amend safe harbor non-elective to ACP with QMAC

Client sponsors a safe harbor non elective and wants to add voluntary contribution to their accounts but no NHCEs will be making voluntary contribs.  Plan ill need ADP testing, that is a given.

With voluntary contribution made only for HCEs, will need ACP test which obviously will fail w/o  QMAC. If 3% QMAC for all employees will pass ACP, is a flat % of comp allowed?

Client understands the elective contributions will be subject to ADP testing.

Can plan have ADP as well as ACP testing each year??

Why will they need ADP test? If they satisfy the safe harbor, seems like the elective deferrals are still covered by safe harbor and the employee contributions just need to pass ACP, which of course they won't, as you point out, if there are no NHCE employee contributions. Maybe I'm misunderstanding the question, thepensionmaven.

Thanks for the quick response.

After doing some more digging,  there is a "maybe" safe harbor non-elective. An ADP test was done and passed.

Apparently, the HCEs wanted voluntary contributions, and the NHCEs have elected not to ( hardly surprising) which obviously necessitates ACP.

Plan passed ACP with a flat QMAC of 3%.

Never heard this one before.