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Ineligible 401k employer - VCP to 401a?


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I have a governmental employer who has a 401k plan.  Has anyone successfully used EPCRS to ask the IRS to allow a conversion from a 401k to a 401(a) Plan? I am hopeful that the IRS wont disqualify the plan and will work with us to get the plan type corrected.  I plan on submitting an anonymous VCP application asking for them to allow a retroactive amendment to change the plan type from 401k to 401(a) but am open to suggestions. 

 

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