65K 401k match

Just got off the phone with a client who may or may not have the money to make his 401k match for 2009. He was making a 70k 401k match. I explained that if he terminated the match, he would still owe 65k to his 401k. Why? The owner of the company and his wife, have a combined 401k balance that is more than 60% of the total 401k for all employees. If the 401k account balance was $1 million for all of the employees, the owner and his wife have more than $600,000. Thus he owes a 3% contribution to his employees; that's 3% of salary. If so he stops matching he stills owes $65,000 to the 401k. How is this good for business? What steps will he take to make sure that he can afford the $65,000? Will he fire some employees? Will he terminate the 401k? That's why its important to sign the petition at wwww.401kpetition.com and get this top heavy law suspended.