The law has determined that if the executives participate at a greater rate than the non-execs, something must be done.

This is not the point. The relevant point is just the opposite -- the law does not determine what must be done if the executives participate at a lesser rate than non-execs, which now allows top executives to reduce the amount LCE's and lower-paid HCE's can save, reduce corresponding matching amounts, reduce 401k administration costs, reduce pension benefits of LCE's and lower-paid HCE's, etc. In this regard, I refer you to today's headline in the Wall Street Journal (Section C), "Companies Reduce 401(k) Contributions".

I do not begrudge someone making $500,000 from contributing the maximum amount of his compensation ($10,500) towards his retirement . However, it would only seem logical that lesser paid people should also be allowed to do the same, which is clearly not the case currently for many people (LCE's and lower-paid HCE's).