Guest lindamichals Posted January 25, 2005 Posted January 25, 2005 I was wondering who else out there in pension world is concerned/confused regarding the DOL forcing plans into VFCP who reported late deposits on a 2001 5500. Wasn't VFCP effective in 2003? What guidance did we have back in 2001? The 401k/loan payments were deposited, so the principal would be considered restored, but no gain was allocated. Thanks. Linda Michals
jaemmons Posted January 25, 2005 Posted January 25, 2005 I believe the DOL's view is that in order for the fiduciary to avoid the sanctions which may be levied under IRC 4975 (as late 401k deposits are a prohibited transaction), they should utilize the VFC program. Unfortunately a full correction would include earnings from the date the deposit should have been made up through the corrective deposit date. Also, PTE 2002-51 was effective April 29, 2002 and there actually was an "interim" VFC program in effect on March 15, 2000.
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