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I agree with this, but I think an "or" is missing (I added in brackets). If you're sure you had gains for 2019, and in all likelihood you did, then pay the 100%. As a side note, it really shouldn't take until October to determine this person's account balance. He's not getting a contribution, and that is probably why your val isn't completed until October - so that contributions are allocated are included in the val. But the gains or losses should be able to be determined and allocated much sooner than that. But if your plan is being run by your accountant, then it is on hold until s/he's done with tax season...and...you didn't ask for this with your fairly innocent question, but if your plan is being run by your accountant, there are probably lots of things wrong with the way it is being run. That is based on experience taking over plans that were run by accountants.

The question is out of my area of expertise, but how can it take until October, 2020, to determine a value as of December 31, 2019. Am I missing something? What sort of assets are held by the Plan that take 9 months or more to value? That would result in the Participant losing whatever gains are made from December 31, 2019, through October, 2020, or conversely, the Plan having to pay out more than it should if there is a loss in value from December 31, 2019, through October, 2020, and more than it HAS as of the October 2020 valuation date. This issue was addressed in 2018 at

Scrivener's errors sound great in theory. I don't think I have ever seen that argument win if challenged. I think this fact set helps not hurts the VCP route. I have also seen VCPs allow for a retroactive amendment. VCPs are costly but that is the only way to know the plan is safe. A Scrivener's error is a high risk route. If the plan gets audited I don't think that is where you want to be defending the plan.

Bird, I am agreed no RMD.

Are we agreed that in the case originally posed, there is no RMD? She did NOT terminate. I'm confused by subsequent responses which see to overlook this detail and are off to the races - in the wrong direction, IMO.