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I would agree, if the issue is a non-qualified plan that is something different issue as those are normally not 'funded', usually are for a select group of employees. since this was not mentioned in the original post I assumed the issue was a qualified 401k. (and just to make sure, any comments made above are not taken incorrectly, they were certainly not intended to be rude or offensive, but an attempt at a little humor - I did get a chuckle out of John's response in green) makes an otherwise rough day a little lighter!

So, add the text as Tom suggests: Unless the employer only chooses to fund the match once someone terminates Then show the consultant and ask if their copy has the same.

In my experience, they are typically asking because they don't want to pay an ERISA attorney. Of course, in that case they often get exactly what they paid for!

What is "excess revenue"? Another way to say ERISA recapture account? I THOUGHT there were only two possible dispositions of the funds: pay expenses or reallocate to participant accounts.