Leaderboard

KJohnson, what about using 11(g) to correct a failed BRF test of a match contribution? The 401(a)(4) regulations require a BRF to be currently available, and state that the current availability test is satisfied if it satisfies 410(b) without regard to 1.410(b)-5. The prohibition on naming specific employees is contained in 1.410(b)-4. If the current availability test for a BRF has to satisfy 410(b), which would include 1.410(b)-4, and it fails to do so, does that mean that a failed BRF test CAN'T use 11(g) to retroactively correct by selecting employees by name? Or are you saying that for a failed test that is a test under 401(a)(4), even the current availability test under 401(a)(4) which requires satisfaction of 410(b), you could name names in the retroactive amendment?

Let's just say the auditors do not deserve any blame at all. I know sometimes they procrastinate, but in this case it was not their fault. (neither do I for that matter... hmmm.. who is left?? )