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For the CCYLE 3 Restatements, we went from FIS/Relius Volume Submitter to ASC (non-standardized Adoption Agreement). While the Relius document had default language that a "discretionary" Safe Harbor Non-Elective could be contributed to HCE's, the ASC Adoption Agreement required a special check off that was missed for the 12/31/2022 Plan Year.

Is a retroactive Amendment permitted to add HCE's as eligible for the 2022 Safe Harbor contribution?

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