401(a)(9) Amendment

[Guest PBJ]

Employer just adopted the 401(a)(9) amendment in August 2006. It is my understanding that this still must be corrected under VCP as a non-amender. Am I totally off, but just adopting the amendment is not enough right? And the IRS will discover the error when the plan is submitted for EGTRRA right?

This probably seems like an easy question for you but I am trying to tell some people that plans cannot be ignored for years.

[401_4_ever]

Yes, adopting the amendment isn't enough. Yes, they have to do a VCP for non-amender.

It's not worth risking whether or not the IRS will catch it with their EGTRRA restatement. (But if it's a prototype or volume submitter, they won't catch it).