Can a plan elect to use the early participation test for the sake of satisfying coverage?

The early participation test is primarily designed to assess whether or not a plan is meeting the coverage requirements under the tax code by ensuring that a sufficient number of eligible employees are participating in a qualified plan. However, it is important to note that this test is specifically applicable to compliance testing requirements concerning the Actual Deferral Percentage (ADP) and Actual Contribution Percentage (ACP) tests, which focus on the contributions made by and for employees.

Because the early participation test serves a different purpose and is not a substitute for the coverage requirements applicable to a 401(k) plan, plans cannot elect to use it for satisfaction of coverage testing. Instead, separate measures are in place to evaluate coverage, which typically involves either the ratio percentage test or the average benefit test, but not the early participation test itself.

In summary, using the early participation test for coverage wouldn't satisfy legal requirements, therefore leading to the conclusion that it cannot be used in this context.