Late employee contributions if employer timely remited to TPA but TPS

[Guest moey]

I recall seeing guidance to the effect that, where an ER timely remitted employee salary deferral contributions to the TPA and the TPA lost the check, the ER is not on the hook for a prohibited transaction even though the replacement check doesn't make it to the TPA until after the date on which the employee salary deferral contribution became plan assets under DOL Reg. 2510.3-102. Has anyone else seen this or did I dream it?