"I know that it is an allowed correction to let participants stay in a 401(k) plan if they were accidentally let in early, but would it be allowed to amend (prospectively) to let one employee in early by using his actual name in the eligibility waiver section of the document? My opinion is that it could be discriminatory towards the other employees that were NOT let in, and I advised they do a waiver for all if they want to allow him in, but they don't want to do that. This is an NHCE, but still doesn't seem allowable to me."

"This question is about investments used for individual-account (defined-contribution) retirement plans. Leaving aside stable-value accounts and trusts, employer securities, and investments treated as nonqualifying assets for whether a plan's financial statements need an independent audit: Are there investments that impose a delay or other restriction on a redemption or withdrawal? Or impose an exit charge?"