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Posted

Monday brain cramp. Suppose you have a DC plan utilizing cross testing. The rate groups either pass the ratio test, or the plan passes the ABT test. Fast forward a year, and it is discovered that census data was incorrect, and a participant or participants were improperly excluded. So the employer has to do make-up contributions, matches, whatever.

Do you have to go back and re-run the nondiscrimination testing taking into account the corrections? I don't think you do, but I'm not putting my finger on the guidance to back that up.

Thanks.

Posted

I dunno. I was probably thinking about the correction for failure to implement an employee election, etc., where determining an ADP/ACP test failure in addition to the missed implementation,  the plan could rely on a test performed with respect to those employees not impacted by the failure, and disregard those who do require the make-up contribution.

P.S. - finally found what I was looking for which of course agrees with you - RP 2019-19, Section 6.06, .02(2)(d). Gotta fix a 401(a)(4) failure if created as a result of the correction.

Posted

Hopefully your allocation method is an "each in own" so that you can just give this person(s) enough to pass testing.  If it's a "class" allocation it certainly has the potential to be a bigger problem.

 

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