It's been a while since I experienced a DB plan termination with excess assets, but it is my understanding that when excess assets are allocated the formula must meet nondiscrimination under 401(a)(4) as it relates to the DB plan.

My experience has been limited to effectively reallocating assets pro rata to participants on their PVAB. Although, in reality the formula is just being increased from X% of pay to (X+y)% of pay, still satisfying a safe harbor formula.

What I am considering is looking for possible alternatives to the pro rata approach, and it seems to me that any method can used so long as it passes 401(a)(4) and is not contrary to the document. If so, when testing is performed (assuming the annual method), would you say I test the total accruals for the year or just the allocation of the excess amount? I don't see any justification for the latter, including my reading of Rev. Rul. 80-229.

Have to be careful with PVAB allocation with an integrated plan formula, as you are likely to run afoul of the max integration levels with the expanded benefit. We usually have allocated excess assets on a basis of 1% of Average Compensation multiplied by Years of Service with a maximum of 5 years, although I'm sure you'll get some more educated responses (I'll admit too, been about 4 years since we've had excess assets given market crashes, switch to 94GAR, and extremely low interest rates).

If the amendment to increase accruals relates to the current year, then the current year's accruals are tested (that is, the sum of the regular accruals and the amount of the increase). If the amendment to increase accruals relates to a prior year, then the amendment is technically an -11g amendment and must meet nondiscrimination not only with respect to the combined accruals for the year, but also the accruals on a stand alone basis.

Mwyatt, thanks for the integrated warning. I was aware, but can disregard it, as I have no integrated plans.

Mike, what do you mean by "relates to a prior year"? Can you give an example? I assume you aren't talking about something like a regular FAP formula.

Correct, I am not. But the measurement of the non-discrimination testing must be done for a particular year. What year you choose is up to you. If the timing of the amendment is after the year you choose, it is an -11g amendment.

Don't forget about 415 limits.

What are those?