BTG

Does anybody know how to go about using EPCRS to fix an impermissable premature distribution of a participant's 401(k) account? This is #5 on the IRS's list of top ten failures found in the VCP, but I can't find any discussion of how to solve the problem under Rev. Proc. 2006-27. I'm assuming the solution is repayment of the amount and a VCP filing, but I'd appreciate any authority. Thanks.

Assume a company aquires a subsidiary and the contracts with the employees of that subsidiary promise to amend the parent's plan to include service with that subsidiary prior to acquistion. Does an employee who terminates nine months later, before the amendment is actually made, become a participant in the plan (assuming their pre-acquistion service with the subsidiary would have been sufficient)? Any citations would be appreciated - Thanks!

Along these lines, assume a company aquires a subsidiary and the contracts with the employees of that subsidiary promise to amend the plan to include service with that subsidiary prior to acquistion. Does an employee who terminates before the amendment is actually made become a participant in the plan (assuming their pre-acquistion service with the subsidiary would have been sufficient)?

When does a plan need to make an application for an determination letter regarding initial qualification status under the new staggered remedial amendment periods of Rev. Proc. 2005-66? May the plan wait to file for an initial determination until the first cycle corresponding to the plan sponsor's EIN? Or does the plan need to file for initial qualification immediately, and then re-file in the first cycle corresponding to the plan sponsor's EIN?

Does anyone know of any authority making it permissible to merge a subsidiary's 403(b) plan (it is a 403(b)(7) custodial account) into the parent corporation's 403(b) Plan? We would like to be able to keep all the money in the same pot when the subsidiary's plan is discontinued. Thanks!!