Correction by plan amendment - SMM required?

[Belgarath]

Employer mistakenly allowed someone to defer prior to entry date. (Allowed as of 7/1/2013, when should have been 1/1/2014).

So, correction will be to amend plan to retroactively change eligibility/entry for this person, as permitted under Rev. Proc. 2013-12. This change will apply to one person only.

Is a SMM required to be given to all participants? A strict reading would seem to be yes, yet it seems ridiculous in that it cannot possibly apply to any other employee. Although 2520.104b-4© allows a dispensation for Retiress, separated participants, and benefficiaries, it doesn't address the situation at hand.

Would you give a SMM to everyone?

[ETA Consulting LLC]

I would not.

Good Luck!

[Peter Gulia]

Under 29 C.F.R. 2520.102-4, a plan's administrator may meet a requirement to furnish a summary plan description by furnishing a different SPD for each class of participants. An SPD may omit information that is not applicable to the class of participants to which that SPD is furnished.

[Belgarath]

Thanks!