Correction of excess deferral in 1998 just discovered now in November

[John A]

What is the correction where it has just been discovered today, November 1, 1999, that a participant deferred $10,800 in 1998?

[Guest]

Take the money out of the plan and report it on a 1099-R as taxable income for 1998. Include the interest earned on the extra $800.

[Spencer]

The deadline for distributing deferrals in excess of the 402(g) dollar limit is April 15th. The penalty is double-taxation. The $800 is taxable income to the participant in BOTH 98 and 99 and two 1099r's should be filed. The earnings on the excess amount are taxable in 99.

[John A]

What distribution code(s) should be used on the 1099-R(s)?