Guest Marjorie Rogers Posted May 1, 1999 Posted May 1, 1999 Employer started a 401(k) Plan a number of years ago. Since then employer started a number of other businesses that are members of the same control group but Employer failed to have the members participate in the 401(k) Plan. There probably is a 410(B) violation for 2 or 3 years. Any creative suggestions? ------------------ Marjorie A. Rogers Sutin, Thayer & Browne Albuquerque, New Mexico mar@sutinfirm.com
Guest T Hoffman Posted May 8, 1999 Posted May 8, 1999 If stock or asset acquisitions were involved, you may be able to use the 410(B)(6)© transition rule for up to two years. After that, 410(B) permits retroactive amendments that correct coverage failures. Otherwise, you will need to hit one of the IRSs EPCRS programs.
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