late deposit due to changing vendors

[30Rock]

Can someone give me some guidance on what normally happens in an acquisition situation or when an employer moves their plan to another vendor and holds onto participant deferrals a little longer than the segregation rules allows. Is there leeway for these type of circumstances? I mean like a 5 day delay or so, nothing extreme.

Thanks!

[ETA Consulting LLC]

Even though it's outside the safe harbor period, there is still an argument it was deposited as soon as administratively feasible under the circumstances. You can either document the delay to this extent and move on or correct as a late deposit under the established procedure.

Good Luck!