[Code of Federal Regulations]
[Title 26, Volume 5]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.401(a)(26)-7]

[Page 263-264]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.401(a)(26)-7  Testing methods.

    (a) Testing on each day of the plan year. A plan satisfies section 
401(a)(26) for a plan year only if the plan satisfies section 401(a)(26) 
on each day of the plan year. An employee benefits on a day if the 
employee is a participant for such day and the employee benefits under 
the plan for the year under the rules in Sec. 1.401(a)(26)-5.
    (b) Simplified testing method. A plan is treated as satisfying the 
requirements of paragraph (a) of this section if it satisfies section 
401(a)(26) on any single plan day during the plan year, but only if that 
day is reasonably representative of the employer's workforce and the 
plan's coverage. A plan does not have to be tested on the same day each 
plan year.
    (c) Retroactive correction. If a plan fails to satisfy section 
401(a)(26) for a plan year, the plan may be retroactively amended during 
the same period and under the same conditions as provided for in Sec. 
1.401(a)(4)-11(g)(3) through (g)(5) to satisfy section 401(a)(26). A 
plan merger that occurs by the end of the period provided in Sec. 
l.401(a)(4)-11(g)(3)(iv) is treated solely for purposes of section 
401(a)(26) as if it were effective as of the first day of the plan year. 
The rule of this paragraph (c) may be illustrated by the following 
example.

    Example. Assume that an employer with 500 employees maintains two 
defined contribution plans. Plan A benefits 45 employees.

[[Page 264]]

Plan B benefits 50 employees. Immediately before the end of the period 
provided for in Sec. 1.401(a)(4)-11(g)(3)(iv), the employer expands 
coverage under Plan A to benefit 20 more employees retroactively for the 
plan year. Thus, Plan A satisfies paragraph (a) of this section for the 
plan year. Alternatively, before the end of the period provided for in 
Sec. 1.401(a)(4)-11(g)(3)(iv), or later if a later period is applicable 
under section 401(b), the employer could merge Plan A with Plan B to 
satisfy section 401(a)(26).

[T.D. 8375, 56 FR 63418, Dec. 4, 1991]