correction for ineligible participation, now deceased

[t.haley]

Individual not eligible to participate in the plan allowed to participate for a number of years.  Failure discovered after individual's death.  Beneficiary paperwork for plan shows wife as 100% beneficiary.  Not sure what if there is a will or if wife is named as beneficiary.  Since the individual was not eligible to participate in the plan, we are thinking that the beneficiary provisions of the will (if there is one) or state law should control who gets the corrective distribution.  Thoughts?

[Luke Bailey]

What sort of allocations were these? The participant's own 401(k) elective deferrals, employer contributions of some sort, or both?