amendments correcting certain disqualifying provisions

[k man]

does a plan sponsor need IRS approval to amend a plan 91 days after a determination letter is issued to retrocactively correct a disqualifying provision?

[Mike Preston]

No and Yes. They can make the correction retroactive themselves, without anybody's approval. They can not cure the disqualifying defect themselves, however. So, if corrected the plan again becomes qualified and the Plan Sponsor has probably insulated itself from any ERISA claims the participants might have brought. However, the plan's qualified status is not retroactively corrected.

I think.