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Employer failed to make a SH and PS contribution for plan year 2008 by 9/15/2009. The contributions were made in March 2010. Must the employer restore lost earnings to the plan for these late contributions?

We do now know yet if they took a deduction for the contributions in 2008. If so, they would need to amend. Also, the PS contributions were not "discretionary" per se, since they also have a DB plan and the PS contributions were required for the plans to meet the combined Gateway contribution.

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