"An audited plan just told me today that there are 13 employees that did not have the correct amount of Roth withheld based on their elections. The amount withheld was based on the after-tax net pay, not gross pay. From what I'm reading since it is just past 9-15 the missed Roth needs to be contributed AND QNEC equal to 50% of the missed Roth plus earnings. Any ideas as to best way to credit lost earnings -- so it is probably 26 pays, 13 employees. SO I will find a way to estimate plan earnings -- perhaps look at the entire plan earnings for the year reduce 50% since missed evenly through the year."

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"In a package of documents accompanying an adoption agreement to use a set of IRS-preapproved documents, a service provider furnished a 'Discretionary Matching Contribution Notice' with this description: 'This form describes the formula used if any discretionary matching contributions are made to the plan. This notice must be provided to each participant who received a discretionary matching contribution no later than 60 days following the date the last contribution is made to the plan for the plan year.'

"The plan's sponsor/administrator does not use the service provider's assembled summary plan description. Also, it does not use a summary of material modifications. Instead, we write and deliver an updated summary plan description before each year, and more often than yearly if there is a change. Rather than a distinct 'notice', the plan's sponsor/administrator would prefer to include the content about discretionary matching contributions in the SPD (and omit anything separate). Does anything about reliance on the IRS's opinion letter preclude delivering the information that way? Does anything about in a basic plan document preclude delivering the information that way? Is there another reason it would be unwise to deliver the information that way?"