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You need to start threatening the bank with legal action and insist that they bring in their corporate legal. The plan is ALWAYS a plan of the employer. The employer has the right to change trustees. The prior owner is NOT the employer because the employee bought the stock. A corporate resolution changing the trustee and adopted by the corp is all that is needed. Threaten them with violation of ERISA rights. The bank is AN IDIOT (and sadly, that too often is the case!!!). Larry.

Thank you Appleby. I hope the answer is your #1. The Plan document has always allowed for Roth, so I don't believe it's your #2 answer. I hope that when my client speaks with the financial custodian, he will be able to explain the situation. I have also offered to help by speaking with them (as TPA), of course. Thanks for your thoughts. Just sort of wanted to raise this up the flag pole, so to speak, to see if my problem is common or not. It appears that we are okay, and that it's the financial house's misunderstanding. Thanks!!