ksumner
Aug 26 1999, 01:12 AM
Should we include 401(k) and 401(m) excess deferrals and match do to failure of the ADP/ACP tests in the Average Benefit Percentage Test for 401(a)(4)?
Tom Poje
Aug 26 1999, 02:57 PM
When a plan fails ADP/ACP test the 'contribution' is not returned, but rather 'distributed' to the participant.
In other words, it is still a contribution and used in testing.