I have an employer that is closing its doors and terminated all of its employees in December 2013. The plan includes a discretionary match provision, but requires employment on the last day of the plan year to share. No formal plan termination resolution/amendment has been executed to date.
Is there any way the plan can waive the last day allocation requirement for the prior plan year and allocate a match to the terminated employees? Would an 11(g) amendment work?
The plan is roughly 100 participants with 2 HCE's.