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Documentation re Plan Sponsor


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After reviewing documentation on a PS plan (calendar year) we recently took over, we found the following:

  • Owner of "Company" retired in mid-2013, and his step-son took over all his employees as well as his PS plan.  Step-son's business has a name close to but not identical to original sponsor ("Company II"), and has its own EIN
  • In operation, Company II assumed sponsorship of the plan, and the plan was renamed as "Company II Profit Sharing Plan".  Nothing else has changed, and employees continued in plan with credit and vesting for past service
  • Starting in 2014, 5500s were filed by Company II with Company II's EIN and the new plan name.
  • No documents were ever prepared transferring sponsorship of the plan or amending the plan for the new plan name and sponsor.
  • No PPA restatement was ever done (somehow because of the documentation problems prior to that)

This was all TPA negligence and as far as we can tell the sponsor has no idea that anything is improper with the plan's documentation.

I welcome any and all suggestions on how to best remedy this situation.  Does this fit into any EPCRS programs?

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