QUOTE (Rags @ Jul 28 2009, 06:26 AM)

Is there any scenario under which the contributions made under 401(k), 401(m) and employer QNECS can be aggregated for coverage testing (contrary to 1.410(b)-7(c))?
Division 1/ Plan A has 401k and 401m contributions.
Division 2/ Plan B has 401k, 401m and QNEC.
Division 3/ Plan C offers only a QNEC.
Thanks for your help.
The 401(k) and 401(m) discrimination tests are applied using a different model to test discrimination. The employer contributions in the QNEC may be treated as 401(k) items if they are simply corrective QNEC to pass a failed 401(k) test.
But Plan C cannot be such a plan. It must be covered under 401(a)(4) testing. You did not explain whether Plan B has QNEC as a separate recurring source of funds - subject to 401(a)(4), or if Plan B only has corrective QNECs.