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Posted

Hi, 

8 participants had 415(C) excess since they already rolled the funds into the acquiring company plan the correction could not take place at the terminated plan.  The new RK has sent a check payable to the terminated plan.  Aren't 415 violation able to to be processed/returned from any plan or should we have the check deposited into the terminated plan and then cut a check to the participants ( excess amount)? 

Posted

Since it's a rare circumstance, you won't find it in the list of approved self-correction methods. It sounds reasonable to me, but if the sponsor wants to be certain that they aren't jeopardizing their plan's qualified status, they could submit under VCP.

Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance.

Corey B. Zeller, MSEA, CPC, QPA, QKA
Preferred Pension Planning Corp.
corey@pppc.co

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