ineligible employee deferring

[Guest quinn the car fixer]

Is plan amendment bringing in the affected ee's under 2003-44 the only remedy?

Could you take the position, for example, that plan def. of comp is from date of participation and this ee does not have a DOP so does not have elig comp so he/she has a 415 excess and therefore the plan returns the deferrals? It is a corbel prototype doc and i didn't see this addressed.

[Guest greggi39]

would mistake of fact(by the payroll manager) be an allowable excuse?

[Archimage]

You can also refund this money or forfeit it and use it to reduce future contributions. The employer will have to correct this thru payroll.