"A 401k plan auditor found an error in a client's calculation of compensation. The auditor discovered the error and went back one year and found that the error occurred in the prior year as well. We are trying to assess how far back the error goes. (But the substance of the error is not what my question is really about.)
"In the meantime, the auditor will not release the audit for 2023. They are being particularly
stubborn about it. The employer has filed its 5500s without the audit for 2023, but we do need to re-file with the audit report. In addition, the new auditor for the 2024 cannot finalize its report without an ending number for 12/31/2023.
"Any advice for convincing the auditor to release its 2023 audit with a footnote? In addition, any thoughts on filing a 5500 while a plan sponsor is in the midst of a correction? Wouldn't
the employer be excused from any perjury claims under DOL rules because the information was accurate before the correction is made?"