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FWIW I don't think so. Anyone else want to weigh in?

A little context here might help. One the plan is obligated to show that it tried to collect the money before the plan sponsor can just reimburse the plan. As for the timing while it is a little late it might not be as late as you think. A 2013 plan can drag filing their Form 5500 (the tax return a plan has to file) until Oct 15th 2014. That is when most likely the plan audit was done by an outside auditor. So the error very well might not have been discovered until about this time last year. Next everyone has to look into what do we have to do to fix this and the lawyers chime in. That is how you get to the summer of 2015 to get the first letter asking for the money back. Most likely they won't take legal action. It will cost more then they will collect. Like I said the plan is obligated to show they tried to collect. Lastly, if it is determined you in fact owe the money it seems like ethics would say you should pay it back. I agree you have a right to have them document you in fact owe the money. Also, there is the issue of taxes. There will be some costs to you if you pay it back but I doubt they are that large.