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RE: Rev Proc 2015-28 section .02 Plan sponsor uses an automatic enrollment feature. Plan has 5 participants who should have been enrolled at eligibility but were not. Three months later plan sponsor finds they were not enrolled and subsequently enrolls them. Plan sponsor does not provide notice to employees as noted in section .02(1)(b). Does failure to provide the notice automatically require the sponsor to use the 50% correction method for the missed enrollment periods? Thank you

I'd restate immediately (even for free - as we do) because: 1) it's easier to use our document; 2) the plan sponsor probably no longer has reliance on the old provider's opinion letter; 3) the plan sponsor may be in breach of contract (pretty much everyone I worked for had a provision in their contract that said you could only use the document (which was copyrighted) only as long as you were a client); and 4) "maintenance" amendments would no longer apply and the plan could potentially get out of compliance.

It has been a almost 5 years since I was working 401(k)s and ESOPs. Since ESOPs can't be on a prototype it has been 5 years since I worked on prototypes. One thing I would check is if the prototype is linked to the provider in some legal way. I seem to recall seeing some from brokerage houses that had language that said if you leave that firm you would no longer rely on their letters and base document. That caused the firm I worked for to almost always move them to one of our document. I want to say we did offer a discount as this was part of our sales/conversion pitch.

You're struggling to find force-out provisions for SIMPLE IRAs when there aren't any. The Participant is in control of the IRA account when it comes to timing of withdrawals. Good Luck!

Based purely upon what you are showing here, I'd say no, But there could be a whole lot of other "stuff" in your document somewhere that would permit it. What you have here is a safe harbor "maybe" option, but in this section as shown, there is no option to reduce or exclude the HC. I would check the rest of your document carefully to see if what you are looking for is available.

The ERISA Outline book says to reverse payroll if not yet deposited to the plan. If already deposited to the plan: