Earnings on Late Deposits of 401(k) Deferrals

[commishvp]

If not doing a VFCP filing and simply putting in lost earnings and filing Form 5330 how are the earnings calculated?

Would the plan still have to use the "Old VFCP" method comparing the highest returning fund to the IRS underpayment rate?

Was the elimination of the highest return option an incentive to get Plans to file under the VFCP?

How are others handiling this situation in practice?

Comments are apprecitated.

Thanks,

[JAL]

we use this website http://askebsa.dol.gov/VFCPCalculator/WebCalculator.aspx

[commishvp]

we use this website http://askebsa.dol.gov/VFCPCalculator/WebCalculator.aspx

Are you filing under VFCP too? Or just using the calculator for gains?

[JAL]

just using the calculator for gains