ER forgot to submit deferral contributions for eligible EE

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Empolyer forgot to submit deferral contributions into participant's 403(b) account who had properly completed an deduction percent form. Calander year plan and EE noticed the error in October. The ER worked with the EE and they decided together the entire years deferral contributions could come out of her remaining paychecks. I calculated the lost earnings and the ER submitted the amount to the participant's 403(b) account.

Now I know this may seem like a silly question but, since this is a 403(b) plan, do I still complete a 5330??

Any advice would be greatly appreciated.

[Guest mjb]

what is the violation the requires a 5330 filing?

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I was thinking it would be late deferral deposits???

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After thinking about this the ER was not holding the EE's money so it would not be a prohibitive transaction. Hence no 5330. Would you consider it more of a friduciary breach because they neglected to follow the instructions on the enrollment form and make up earnings to the participant.