"The establishment of an NQDC plan for your HCEs provides an almost unlimited pre-tax deferral opportunity for your HCEs.... The refunds from a 401(k) can be eliminated if you establish a lower deferral percentage for HCEs that will ensure compliance with the ADP and ACP tests. The excess dollars that an HCE would have normally deferred to the 401(k) plan will now be deferred by your HCEs to the NQDC plan."  MORE >>