WCC Posted July 28, 2021 Posted July 28, 2021 Company A sponsors a traditional calendar year 401k plan. Employee A contributes $19,500 during 2021 (not catch up eligible) to said plan. Company A goes out of business and terminates their plan May 2021. The plan fails the 2021 ADP test and Employee A receives a refund of $9,500. Employee A is hired by unrelated Company B. Employee A contributes $9,500 to Company B's 401k plan during 2021. Question - can the $9,500 ADP test refund be considered a return of excess deferrals and therefore the 402g failure has been corrected? Thank you
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