Partner Deferred on Draw and has a loss for SE income

For 2019, both partners of a company deferred $13,000 each during the plan year based on their draw.  Once we received the K-1 from the CPA, it is evident that both partners had a loss for the year of -41,500 each (no guaranteed payments either). 

Do they receive a distribution of the ineligible deferrals plus earnings or does it forfeit and stay in the plan?  What code section does this violate - 415?  or something else?  

There was a discussion thread on this very recently. You'll see differing opinions in that thread, so you "pays your money and you takes your chances."