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This topic has generated more fertilizer than any other topic in my 25 years in this business. The premise of the linked article, other similar articles, ASPPA comment letters and comments from some ASPPA speakers is that the IRS has been consistently saying at conferences that absolutely no mid-year amendments are allowed to safe harbor plans except for published exceptions. I've ranted on this before and no one has provided an example of a conference where an IRS speaker actually said this. I have seen several articles and heard several speakers claim that it was said by the IRS at the 2011 annual conference. The session recording proves that claim is false. Now SunGard claims the IRS has been taking this position since 1999. http://www.relius.net/News/TechnicalUpdates.aspx?ID=1004 Having attended the ASPPA annual conferences for 2001-2004 and 2006 to date, if the IRS had actually been making this kind of statement, I would have witnessed it. If this really was the IRS position back to 1999, the final regulations published in 2004 would have reflected it. One of the authors of the final 401(k)/401(m) regulations was a speaker for a couple of sessions at the 2006 ASPPA annual conference, including the DC Q&A session. Having attended her sessions and after speaking with her between sessions, I have no doubt that if that were truly the IRS postion, the final regulations would clearly prohibit all amendments. The regs clearly do not say that. I also find it strange that SunGard is claiming the IRS standard since 1999 has been to prohibit any amendment that would change the SH notice, yet ASPPA GAC sent the IRS a letter last year asking the IRS to impose that as the standard for mid-year amendments.

Active grandmother with original teeth seeking a dedicated flosser to share rare steaks, corn on the cob and caramel candy.