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Less than 20 hours a week excluded

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Yes we were successful with an anonymous VCP for a 403(b) plan where the "good faith" 2009 plan document failed to exclude the <20 hour/week employees but sponsor could demonstrate consistent application of the exclusion.

Of course we were aided by the argument that the 2009 "good faith" document did not have to be perfect despite the Service's published position that eligibility errors could not be "corrected" when the preapproved 403(b) document was executed.

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