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A few thoughts: Are they just not going to do have the audit done for the years it was a large plan? That is a compliance issue I couldn't ignore. Either do it or move on. How many years to review? You know of issues going back to 2011. Same theory as above applies. You can't ignore known compliance issues. And these are pretty bad. A 35 day average for a large plan is a BIG deal to the DOL. You need to go back to 2011 and fix it. You can apply the 7 day safe harbor for the small plan years, but not the large. Unless you extraordinarily complex payroll system, 6 days isn't going to fly for a large plan. This is one of those "the rules are the rules" situations. 35 days 15th of the month following are non starters. An auditor will probably apply 2 days but sometimes a few more in rare cases, if reasonable. Here is what it comes down to to me: Don't make the clients problems your problems. They have serious compliance issues. Those issues need to be fixed properly. You are a professional. You know how to fix those issues properly. Don't create problems for yourself by not doing it right just because you want the business. It isn't worth it. Hopefully the client will realize that you are looking out for them and do the right thing.

I don't know for sure but I think the SSA letter would almost guarantee that the participant, as a plaintiff in State of Federal Court, can survive a motion to dismiss by the employer.

My question is - why would you file Schedule SB with a 5500-EZ when the instructions specifically state the SB is not to be filed? https://www.irs.gov/instructions/i5500ez/ch01.html#d0e197

Part II of Schedule C is where you list service providers who "fail or refuse to provide information". Tailor-made for this situation. Too bad for the investment company if your reporting them there causes them grief! If you want to file the 5500 and don't have their information, put them in Part II and file.

Not trying to talk down to you but I would get written acknowledgement this correction work is out of scope work and how it will be billed. I don't always do that but this is bill is going to be a large number and I wouldn't want any fights on billing after spending all those hours fixing all of this.

Years of participation for 415 purposes are tied to years of benefit accrual service (see Years of Participation definition under 1.415(b)-1). So I am not sure that you can even recognize additional years of participation for 415 purposes when a plan is frozen. But what you can recognize is increase in the 415 $ limit. However this amendment will be discriminatory if you have any non-HCEs in your DB plan.

A clear demonstration of the failure of the School of Experiences. Sgt. Pepper is to Rock and Roll what anything Mozart composed is to Classical. Somethings are timeless. Those who are ignorant of them must be in some sort of (sound and culture proof) bubble. Sgt. Pepper is my most played iPod (classic, 160gb version - which itself is an "oldie") album. AND(!!!!) for Christmas my fiance bought me a new turntable - and the day after I went out and bought a remastered SGT. PEPPER LP..... Bliss. Pure bliss....