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Document amendments not done


Guest Dan Kutzke

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Guest Dan Kutzke

We have come across a plan that it appears that they did not sign their post EGTRRA amendment for 401(a)(9) by the end of 2003 and the Mandatory Distribution Amendment by the end of 2005. What would they need to do to correct this?

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Guest Dan Kutzke
Dan:

Would you please be more specific, i.e.

The Plan Amendments were not completed.

Or, The Plan Amendments were not signed.

They were completed, but not signed by the trustee.

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You're probably talking about a DC plan anyway, but for a DB plan the 401(a)(9) amendment isn't due until they restate for EGTRRA or if earlier, they terminate the plan. Also, if it's a DB plan that does not have lump sum cashout provisions, then I don't think a mandatory rollover amendment is required.

added on edit: Ah, yes - I now see the orginal post is also under the 401(k) section. My message here can be disregarded.

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