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403(b) Correction - EPCRS


Guest ccl

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I am having a problem with figuring out how to correct the following: An employer has a 403(b) Plan which has a matching benefit accrual requirement of 1000 hours of service per year. Thus in order to accrue a matching benefit for the year, the employee must have worked 1000 hours or more. The plan has basicially ignored this requirement in practice and has given all employees a match, whether or not they have worked 1000 hours in the year.

The employer needs to correct this problem under EPCRS. The plan does have a written document already.

How would this be corrected?

Thanks!

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Probably an EPCRS corrective amendment that removes, retroactively, the 1,000 hour requirement.

John Simmons

johnsimmonslaw@gmail.com

Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.

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That's what I thought too but 4.05 of the EPCRS seems to imply that retroactive plan amendments are only for qualified plans and can't be used for 403(b) Plans. Anybody have any imput?

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  • 1 year later...

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