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403(b) Wants To Go Back And Match Retroactively

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a 403(b) that is terminating and shutting down the company later this year, suspended its match mid plan year 2009. they are now wanting to go back and match those accounts as well as match for 2010 plan year. when the plan was amended the match became discretionary. they have not filed their 2009 tax return or 5500. how much trouble could they get in for giving money to their participants?


they have about $100,000 they want to allocate to about 40 actively participating participants.


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