Plan document compliance

[Gary]

A plan was terminated as of the end of it's 2007 plan year (10/31/2008).

Assets were not distributed until October 2009 to the two participants (husband and wife).

The plan never adopted the 415 regulations amendment which was to be effective 11/1/2007 and required to be adopted by due date of 2007 tax return or 7/15/09 with extension. The amendment had no impact in plan operation.

The plan will not be submitted to IRS for dl for plan termination.

In considering remedies, is the only option to file with voluntary compliance program?

Just trying to determine a practical way to handle such a situation.

Thanks.

[jpod]

I am not seeing a clear instance of noncompliance. Requirement is that plan must be amended to reflect laws and regulations in applicable as of the termination date. Are you concerned that the terminate date was "no good" because it took nearly 1 year to distribute assets? I think you're ok if you are inside of a year, but if you feel uncomfortable about it plan sponsor can go in for a quickie vcp and pay a very low fee ($375, I think).