Missed Deferral Opportunity - 25% QNEC vs 3 month rolling

A plan sponsor  has participants that missed 5 months of deferral opportunity due to a technical payroll glitch.

The Sponsor wants to know if the Rolling Three-Month exception can apply to the last 3 months of the missed 5 months, where they would only have to fund a 25% QNEC for the first 2 months and not for the full 5 months.

Rolling Three-Month Exception. The Revenue Procedure converts the existing three-month exception into a rolling three-month provision. So long as elective deferrals commence within three months of when they should have commenced – regardless of where that falls during a plan year – an employer need not make up the missed deferrals. (

Revenue Procedure 2016-51 removed the term "rolling" and the requirement is stated as follows:

Under this safe harbor, no QNEC for the missed elective deferrals is required provided that the following conditions are satisfied:

(a) correct deferrals begin no later than the earlier of (i) the first payment of compensation made on or after the three-month period that begins when the failure first occurred for the affected eligible employee or (ii) if the Plan Sponsor was notified of the failure by the affected eligible employee, the first payment of compensation made on or after the last day of the month after the month of notification;

(b) notice of the failure that satisfies specified requirements in new section .05(9)(c) of Appendix A of Rev. Proc. 2013-12 is given to the affected eligible employee not later than 45 days after the date on which correct deferrals begin; and

(c) corrective contributions to make up for any missed matching contributions are made in accordance with timing requirements under SCP for significant operational failures (described in section 9.02 of Rev. Proc. 2013-12) and are adjusted for Earnings. See section 9.04 of Rev. Proc. 2013-12.

A slightly different situation, but see question #22 here: http://www.asppa.org/LinkClick.aspx?fileticket=lHluDaBqAQI=&portalid=2

This further supports what John has said.

If a participant terminates within the 3 month period, then is no QNEC due?

i assume same conclusion if the plan is auto enrollment and the participant terminates prior to the 9 1/2 months after the plan year end (assume extension).

I guess i just need to clarify that a participant that terminates  within the 'rolling period' does not have to be QNEC'd for missed deferrals if they are no longer employed when the error is discovered within the 3 month (or 9 1/2 month AE) period.

I don't think you can use the special correction. See this older thread, but still applicable, unless there is some new guidance of which I'm unaware. Others, of course, may disagree.