Is it over now?

[Guest ProblemPlan]

The owner of my company is requiring me to prepare and send some different pages and a new SPD to a client (asking them destroy the originals). This is to make up for a mistake we made, actually a mistake the owner made, when the plan was restated and signed last year. So, this is not an amendment to the plan. These pages affect the participant's benefits for last year (negatively). Do I refuse, and if that will not suffice, resign my position?

Never thought I'd be here to post anything, but ASPPA provided no response from this question sent a month ago, so welcome to Benefitslink?

[John Feldt ERPA CPC QPA]

Sounds like a DB plan perhaps? Did you talk to the EA to see what they say?

[movedon]

Sounds like you think your boss is asking you to prepare "slip pages" to change a plan document retroactively in an effort to correct/cover up a mistake. My advice would be to look carefully at the situation and make sure what he's asking you to do is actually illegal and/or unethical before you make a stand. I can tell you that I've seen this type of situation play out two different ways - sometimes an employee gets a little unnecessarily high-handed when the situation isn't as ethically dire as they think (or want to think) it is. I'm not saying that describes you, just that I've seen it. On the other hand, I've also seen and personally been asked to do lots of wrong crap in this business (usually involving backdating). That's your call. I don't do it, but then I also get a little sinister pleasure from taking the moral high ground and gambling with my job in the process. I mean, what kind of life have you lived if your righteousness doesn't get you fired at least once?

[Guest ProblemPlan]

The EA suggested that a well-crafted employer resolution will be satisfactory for their purposes for the SB. I think we'll let the actuary take it from there.