baileybear

If a plan document was restated and removed the early retirement age provisions (fully vested and entitled to a contribution if terminated and met ERA), is this a protected benefit for those plan participants prior to the restatement.

I am hoping someone can provide me with some guidance. I have a 2006 terminated employee who died in 2007. The employee had no spouse and left his 401k assets to his 3 year old son (under $2,000). I have a copy of the letter that the employer wrote to the family of the deceased in 2007. They received a phone call from the deceased employee's mother who told them to contact the sister, which they did. There was no response. We when took over the plan in 2017 we found out that the employee was deceased and the assets had not been paid out. we have sent letters with no response and we are now well past 5 years. So we now have a plan failure - even though the beneficiary has no idea that he is entitled to the assets? The beneficiary is still a minor (16) and I have located the beneficiary on face book (I did not contact him). I have contacted the mortuary who provided phone numbers that no longer work. I have located the sister and sent several e-mails, she does not respond. I cannot find a financial institution willing to accept the assets as a rollover into an in inherited IRA. At this time, I have no idea on how to proceed. Any suggestions/guidance would be greatly appreciated.

Can a board resolution be used to state the maximum deferral percentage that can be deferred by the HCE group and also state that any amount over the average by any HCE who has or will attain at least age 50 by the end of the 2018 calendar year will be considered a catch-up contribution?