415 corrections after plan termination

[Will J]

Plan sponsor had a 401k plan and ESOP. Both plans were terminated and all plan assets were distributed. After the distributions took place the TPA informed us that there was a 415 failure and corrections (refunds and forfeitures) would need to take place. How is that handled when all of the plan assets have already been distributed and rolled over to IRA's?

Will J

[CuseFan]

Those who had 415 excess must be informed of such and that those amounts were not eligible for rollover and need to be withdrawn from the IRAs and the 1099Rs they get from the plans will (should) reflect that. At least that is my understanding.

Note, the overpayment forgiveness allowed by SECURE?2.0? does not extend to amounts that exceeded legal limits.

[Artie M]

Agree with @CuseFan,  EPCRS can still apply to terminated plans under a literal reading of the rev. proc.  The interesting question is whose money is the excess that should be returned?  That would drive the question of whether they need to seek recovery.  What did the plan do with forfeitures?  presumably the forfeitures were used to pay expenses?  have those all been paid? If there was a reallocation would that have to be done now?  or would those funds simply "revert" back to the employer?  if they go back to employer then its just a business decision whether to seek recovery or not.  Sorry for just raising questions but I haven't ever looked at this.