Missed Deferral Opportunity

[Lou81]

I have a client who was reviewing entry and discovered they missed two EE's that were eligible 1/1/2022.  They are going to provide the enrollment information ASAP.

There is no match, so just the missed deferral

If they EE's return the forms and indicate they do not want to defer, do you still have to provide a QNEC for the MDO?

Their NHC ADP average is low, if they return the form and want to defer, 10% can i use that % for my correction instead of waiting until next year when i do the ADP test?

I appreciate your help.

Thanks

[BeachBum]

The IRS Plan Fix-It Guide covers this topic:

https://www.irs.gov/retirement-plans/401k-plan-fix-it-guide-eligible-employees-were-not-given-the-opportunity-to-make-an-elective-deferral-election-excluding-eligible-employees#:~:text=Generally%2C if you didn't,for the missed deferral opportunity.