Topic Archive: Nondiscrimination Testing

How Can We Improve ADP/ACP Test Results Without Offering Safe Harbor?

DWC | 06/18/19

Facts

My architectural firm sponsors a 401(k) plan.  We have 38 architects and 2 administrative assistants.  We currently provide a matching contribution to participants and, some years, a profit sharing contribution too.  I’m reluctant to utilize a safe harbor design, because I really value the vesting schedule on our employer contributions to help retain my best talent, but the plan frequently fails ADP and ACP testing.

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We Failed the ADP Test! What Did We Do Wrong and How Do We Fix It?

DWC | 02/26/19

Facts

Our TPA just sent us our annual compliance report, and it says we failed testing! This is the first year we’ve failed anything, and now we’re being told that we need to take money out of the plan in order to remedy the failure. I don’t understand why this is happening.

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What Is the Deadline to Correct a Failed ADP/ACP Test?

DWC | 04/24/18

Facts

Every couple of years, our 401(k) plan fails the ADP/ACP test by a small margin. Since we don’t always fail the test, gathering our year-end census information to send to our TPA sometimes isn’t as high a priority as some of the other projects necessary to close out the year.

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Do 401(k) Testing Requirement Apply to Owner-Only Plans?

DWC | 11/14/17

Facts

I and my three business partners each own 25% of our company. We do not have any employees other than the four of us. We would like to set up a retirement plan, but we know there are nondiscrimination tests that limit how much owners can benefit based on how much the employees receive.

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