The top heavy rules allow an employer to elect to perform top heavy testing by combining multiple plans if certain conditions are met. If an employer has both a union plan and a non-union plan, under certain circumstances, the plans may be permissively aggregated for top-heavy testing if the union and non-union plans provide comparable benefits.
If a plan covers only union employees, then the plan is deemed to pass 401(a)(4) testing, and no further IRC 401(a)(4) testing is required.
There are several special rules that apply to union employees when doing coverage testing under IRC 410(b). The most significant of these rules is that if a plan covers only union employees, the plan is deemed to pass coverage testing. See IRC 1.410(b)-2.
When a plan elects to correct a failing ADP or ACP test via refunds, a two-step process sometimes called the “leveling method” is used. The method presented below describes the process for an ADP test failure, but a similar process works for ACP test failures as well. In the first step, the contributions of the … Read more