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You can date the amendment anything you want but if there is a law suit for the overlapping period I'm guessing both parties get named and they let the courts decide who the responsible fiduciary is (was) at the time.

jireh87 - Welcome. The best suggestion I can give you is that you read practically everything that's posted on BenefitsLink (except maybe not when they get into deep details about something about which you have no need or interest to know). This site has a boat load of experts who provide a wealth of useful, documented information.

Did you pull the documentation from the 1950s? If not, how do you know that the effective date wasn't really May 1? Maybe a mistake was made in some subsequent document to say December 1 when it was really May 1, but that mistake just got repeated over and over again. This is just my way of saying it seems reasonable to go with what the 5500s have said consistently unless you know with absolute certainty that those 5500s are wrong.

Personally, I would not correct it going forward, and just let sleeping dogs lie. I'd keep on keeping on...

I assume you mean for 415 purposes, as there is no deduction? As per Treasury Regulation 1.415©-1(b)(6), there is a deadline for employer contributions for those contributions to be considered “allocated” for a given limitation year. For tax-exempt entities, there is a special deadline, which is no later than the 15th day of the 10th calendar month following the end of the calendar or fiscal year in which the particular limitation year ends. Assuming they are on a calendar fiscal/limitation year, this means that any contribution after October 15th of 2016, would have to be treated, for 415 purposes, as being allocated in whatever limitation year actually contributed.

An interesting short article on this subject. http://www.businessofbenefits.com/2016/07/articles/uncategorized/403b-policy-loans-continued-form-5500-reporting-problem/