A 401(k) plan that provides a 3% safe harbor nonelective contribution is also a cross tested plan. In order to receive the profit sharing contribution, you have to be employed on the last day of the plan year. A terminated participant receives the 3% safe harbor nonelective contribution. Would he also have to receive a 2% profit sharing contribution to pass the gateway test even though he terminated employment?

by law, if a participant recives any non elective contribution then they must also recevive the gateway.
if your document does not contain the gateway language, then you would have to put in a corrective amendment to bump the individual up to the gateway.
if you are past the deadline for a corrective amendment then....

I believe it would depend on the highest allocation rate to an HCE. If the highest HCE allocation rate is 9% or less, then the terminated participant would not have to receive an additional contribution in order to pass the minimum allocation gateway as you would be passing the gateway using the 1/3 test. However, if the highest HCE allocation rate is above 9%, then I believe the terminated ee would have to receive an additional contribution such that when added to the 3% safe harbor, his allocation rate is equal to the lesser of 1/3 of the HCE rate or 5% of compensation.

For document purposes, we always add one last class in the document stating that that class consists of any participant who is not an eligible participant but who is otherwise treated as benefitting under the Plan for purposes of Section 401(a)(4) of the Code. This is to clarify for minimum gateway purposes that a terminated participant in a plan that has 1000 hours and/or last day rule to share in the profit sharing contribution nontheless is eligible for a gateway contribution regardless of the 1000 hours/last day rule.