PSP never officially terminated. Started new 403(b)

[Lori H]

In 2005, a 12 participant PSP hired a new adviser, released its TPA and started a 403(b) plan, which all but 3 participants account values were transferred into the new 403(b). A resolution to terminate was never prepared nor was a black out notice or notice to interested parties prepared.

Additionally, 5500's were not prepared from 2005 on, nor was their plan document updated. I know the 5500's can fairly easily be resolved by using a DFVC, but what about the "false" termination issues? Could they retroactively terminate the plan and file under EPCRS? When they were transferring money to the new 403b back in 2005, they noted it was a "change in plan provider" as a reason for the distribution on the participant forms, not plan termination.

It seems the new adviser dropped the ball big time, when establishing the new plan and the plan sponsor as well.