52626 Posted December 20, 2019 Posted December 20, 2019 In 2017 and in 2018 16 employees were allowed to join the plan and defer before meeting the eligibility requirement ( 7 in 2017 and 9 in 2018). The client was told the document provider would draft an amendment to bring these 16 into the plan. An amendment will be done for each plan year listing the employees by name for the respective year. Vendor said this will correct the problem. Here is my question - isn't this one time amendment a "corrective amendment" and therefore had to be adopted by 10/15/2018 (for the 2017 plan year) and 10/15/2019 (for the 2018) Plan Year? Can the plan just adopt the amendment now to correct the eligibility errors for the past two plan years. What am I missing??? Thanks
Luke Bailey Posted December 21, 2019 Posted December 21, 2019 52626, EPCRS has allowed correction by plan amendment for eligibility overinclusion for a while. See pages 116-117 of Rev. Proc. 2019-19. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
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