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Cross-Tested Plans and the 11(g) Amendment: Failure Is Not a Requirement
FIS Relius Link to more items from this source
[Guidance Overview]
July 9, 2013
"Does the plan actually have to fail nondiscrimination testing before the plan adopts an 11(g) amendment? In other words, must the employer make the contribution, fail nondiscrimination testing and then adopt the amendment, or, can the employer amend the plan without failing the test first? No ... a plan sponsor could amend the plan to place certain highly or NHCEs in different classifications so that it doesn't have to make as large of a contribution to the NHCEs to pass nondiscrimination."

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