Amend for Retroactive Cashout Provision?

[ERISAatty]

Can the plan sponsor amend the plan, retroactively, to provide for a retroactive cashout provision?

And by retroactive, I mean: an employee may have terminated 15 years ago, with a small balance in the plan. There was no cashout porvision in place then. Can the plan now impose the cashout limit, with the effect that the that long-ago terminateds will receive involuntary cashouts for amounts under 5,000? (The permissive automatic rollover under EGTRRA for amounts between 1,000 and 5,000 is not a feature of this plan).

I'm looking at Treas.s Reg. 1.411(d)-4, Q&A-2, subparagraph (b)(2)(iii)(D), Example 3(v). Seems on point (and seems to allow amendment), but doesn't address whether it can be retroactive.

Any thoughts/insights?

Thank you for any help!!

[mbozek]

why is this retoactive? Plan can always be amended to provide for involuntary cashouts of participants with less than 5k balance.