stainedglass80 Posted August 25, 2023 Share Posted August 25, 2023 Question re: self-correction of an employer eligibility failure (governmental entity adopting 401(k) plan). If the employer will cease contributions to the 401(k) plan (either through a freeze or a termination) within the self-correction deadline and subsequently adopt 457(b) and 401(a) plans, is the appropriate action merging the 401(k) plan into the 401(a) plan? Link to comment Share on other sites More sharing options...
Luke Bailey Posted August 25, 2023 Share Posted August 25, 2023 stainedglass80, I think the IRS would give you that in VCP, but I would question whether an employer eligibility failure qualifies as an "Eligible Inadvertent Failure" under Rev. Proc. 2023-43. In other words, I am skeptical that such a failure qualifies for self-correction according to IRS. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034 Link to comment Share on other sites More sharing options...
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