Is there some type of correction for this? During the year the employer deposited all of the PS contribution for the owners but none for the NHCEs under the theory that because the plan has a last day rule the owners will definitely be there on the last day but the other employees might not. We have explained to them that they cannot do this, but it is obviously too late to stop what they did during the year. My question is related to correction. Is this a violation that can be corrected? Is it some kind of BRF perhaps that obviously fails coverage? Fortunately with the market conditions in 2008, earnings were not an issue and we are looking at it for 2009.

Are the trust investments pooled?

It falls under a BRF failure. I'm not sure what the proper correction is though.