5500 for MEPs

[30Rock]

We have a plan where the sponsor now tells us that company 1 and 2 are not related, but they have been using a prototype and treated as a single employer plan. What are the consequences of not knowing a plan was an MEP - document becomes individuall designed until it gets restated onto a volume submitter, what about 5500's - I think an MEP files one but may have to identify they are an MEP?

The plan was safe harbor so ADP and ACP testing was not necessary.

any thoughts would be appreciated!

[ETA Consulting LLC]

I think you have it covered. I'd redo the 5500s to reflect MEP. I'd also write to a Volume Submitter and actually file for a favorable determination letter and provide all prior documents to the IRS in order to obtain the letter. Nothing is a disqualifying event, just they never had reliance on the prototype opinion letter. Some may debate whether a determination letter at this point will provide any value, but that would be my approach.

Good Luck!