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401(k) plan also provides that ees may make after-tax contributions. The ER incorrectly treated all of the elective deferrals as after-tax contributions. This happened for three or four years before it came to our attention.

I'm looking for suggestions as to the best way to correct. There have been distributions that have been rolled over to IRAs by participants. Seems to me these amounts did not qualify for rollover and in addition to the Plan's problems, we have IRA/Excise tax problems.

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