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I agree with this. Which is why I spent so much time asking if it really says "on or before". To be very clear. If it doesn't say on or before it is "no". If it does say on or before I don't see how it can't anything but a "yes" and the person who wrote that document ought to be ashamed of themselves.

Thought just came to me: what if a participant is questioning his ADP refund? What if he says to the employer: prove to me my refund is correct. What do they do?

I think you have to.

Thanks for the additional information. We heard back from DOL with similar guidance. Kudos to them for doing this I think but seems they might clear up some confusion by adding a note to the email indicating this "reminder" does not preclude filing under DFVCP. I suppose that's sort of obvious given their invitation to use that but would just be good to clear up any confusion. Thanks again.

Late to the party but they did this last year as well. I responded to a handful at my old firm last year and we have received more than that this year. We did confirm last year that the email is legit and that it does not preclude you from filing DFVCP. When I spoke to the DOL last year they said that they basically compared the returns they expected to see to the the returns that were actually filed. In some cases the returns were filed after Oct 15 but well before other extensions like disaster extensions. We calculated that the DOLs "filed" list was pulled 3-4 weeks after October 15. I hope that helps anyone still scratching their head on this.

Does the waiver of age and service really say on "or before"? Or does it say anyone working on the Effective Date enters on the Effective Date? You can't ever ignore service before the Effective Date so to me the answer here hangs on the exact wording of the waiver. If they really wrote people employed on or before the Effective Date they were sloppy in writing the document. If they meant to write "or before" and didn't think of rehires they were still sloppy. I would think about getting the attorney who wrote this document (if there was one or the person who wrote it) to opine on this. Once you set precedent I would document so the plan is consistent going forward. I would also get the client to sign off as Plan Administrator to agree. However, if it really has the "or before" language in place I would tend to agree with Riley- or before means or before.