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What does this mean: "The client converted the plan to an ERISA plan in 2009. " ? As I read it, you are telling us that this Plan became an ERISA plan in 2009. If somehow this is not what you meant (?), I suggest the client send Met Life a note telling them that the TDA Plan does not permit loans. Generally speaking, questions of fact, such as how old a participant is or does the plan contain a loan provision, can be answered without risking the Non-ERISA status. Your question is quite confusing so I am a little concerned that the facts are not clear. How many plans are there? What plan became ERISA in 2009? I also never believe a plan is Non-ERISA without examining all the facts in a situation. Why does the client think the TDA plan is or was Non-ERISA? This plan may already be ERISA for reasons that you are not even being told about. Be careful about this. If the DOL subsequently finds this plan to have been ERISA, they will seek penalties for 5500's not filed, etc. Do not put yourself in a position where the client could suggest that you told or reassured them that it was Non-ERISA.

Ask the life insurance companies your firm works with. They may provide a sample document to try to win your business.

Agree with Luke. I could never find anyway out of this fact situation which comes up from time to time.

If the LLC & Corp are an ASG, and the LLC is an adopter of the plan, and the Canadian citizen has US self-employment income from the LLC, then he could contribute to the plan based on his self-employment earned income.

It sounds like the plan at issue is individually designed. If so, and if you already have your first letter, and the plan is not terminating, then unless things have changed since I last looked (and I don't think they have), you can't get a letter. The requirement to restate was a condition of applying for a letter. There is no requirement in the tax code or ERISA to restate. Since you can't get a letter, there can be no requirement to restate as a condition for a letter.

Prohibition? No. What kind of amending are you thinking about? If the change somehow potentially impacts the time and/or form of payment, you may be required to follow the 1 year/5 year rule.