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I am assisting a client with current and all prior years ADP ACP testing back to 2007. Unfortunately, all prior years are failing so they are looking at having to make QNECS. They just informed me this morning that they are also working with ERISA counsel on filing a VCP for correcting late deferral remittances as well as eligibility /enrollment issues and will be remitting lost earnings for the late remittances as well as 50% of deferral plus the match for all prior years' eligible to enroll but not enrolled/not informed. The question is: do the current remittances by the Employer to correct the prior years' eligibility/enrollment issues impact the ADP/ACP testing and if so, which year? Is it the year the corrective contribution is made?

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