Failure to amend for election to exercise "maybe" non-elective

[Flyboyjohn]

401(k) plan document reflects the "maybe" 3% non-elective safe harbor option.

Plan sponsor received an election form from TPA, selected "I will amend the plan to trigger the safe harbor for 2016", distributed the required notice to participants on a timely basis and actually made the contribution within the requisite period.

Sponsor now realizes they never executed the required plan amendment.

Anybody have any experience/success with a VCP filing to fix the error via a retroactive amendment?

 

[Mike Preston]

I would expect this to sail through VCP.