Section I-A: IRC Section 401(a)(17) failure
Boxes for contributions or forfeitures, a table of plan years, excess allocations and participants affected, the correction method, the earnings method and how former employees are handled.
14568-I
Model VCP Compliance Statement - Schedule 9:Limited Safe Harbor Correction by Plan Amendment
Form 14568-I is Schedule 9 of the Model VCP Compliance Statement, titled Limited Safe Harbor Correction by Plan Amendment. It covers four retirement plan failures that the plan sponsor corrects by retroactively amending the plan: an IRC Section 401(a)(17) failure in a defined contribution plan, hardship distributions the written plan did not provide for, plan loans the written plan did not provide for, and early inclusion of otherwise eligible employees.
The form is written for the plan's Applicant and plan sponsor, not for plan participants. It identifies each failure by plan year, states the proposed correction, explains how the failures arose and lists the enclosures that go with the submission.
The form asks for the plan name, the Applicant's EIN and the plan number on each page. You can fill out the PDF free in your browser on this page and download it without an account.
Boxes for contributions or forfeitures, a table of plan years, excess allocations and participants affected, the correction method, the earnings method and how former employees are handled.
A table of hardship distributions by plan year, split between Highly Compensated Employees (HCEs) and Nonhighly Compensated Employees (NHCEs), and the effective date of the corrective amendment.
A table of participant plan loans by plan year, split between HCEs and NHCEs, and the effective date of the corrective amendment.
Boxes for the type of early inclusion, the plan's minimum age or service requirements and entry date, a table of affected NHCEs and HCEs, and the amendment's effective date.
An explanation of how and why the failures arose and the measures that will be or have been put in place so the same failures do not recur.
The items the plan sponsor encloses, such as copies of the correcting amendments and the plan document in effect before those amendments.
Enter the plan name, the Applicant's EIN and the plan number. The form says to include them on each page of the compliance statement.
In Section I, check each failure that applies: A, B, C or D. Complete only the parts for the failures checked.
For each failure checked, enter the plan years of the failure and the counts or amounts the table asks for, such as participants affected or distributions made to HCEs and NHCEs.
Enter the fraction used and the total required contribution before earnings for each year, describe the earnings method, and check whether former employees are affected.
For failures B, C and D, enter the effective date of the corrective amendment in the blank at the end of the correction method paragraph.
Explain how and why the failures arose and the measures taken. Then gather the enclosures listed in Section III for the failures checked.
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The form names the Procedural Requirements Checklist for Form 8950 and says the plan sponsor encloses the Section III items with the submission. The form prints no mailing address of its own.
Section III marks two items as required: copies of all amendments used to correct the failures, adopted or proposed, and a copy of the plan document in effect before those amendments.
Failure A calls for calculations for each affected employee or a representative sample. Failure D calls for a demonstration under IRC Sections 401(a)(4) and 411(d)(6), as the form describes.
The earnings method may continue on extra pages labeled "Section IA of Form 14568-I, Description of the Proposed Method of Correction-Earnings" with the plan name, EIN and plan number at the top.
The form has no separate instructions. For the Paperwork Reduction Act notice it points to the current EPCRS Revenue Procedure.
14568
45 fields, 3 pages
8950
87 fields, 6 pages
14568-E
130 fields, 5 pages
14568-H
36 fields, 2 pages
14568-G
20 fields, 1 page
14568-F
13 fields, 1 page
The form speaks for the Applicant and the plan sponsor of the retirement plan. Each correction it describes is a retroactive amendment made by the plan sponsor.
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The plan's Applicant and plan sponsor. The form describes plan-level failures and the plan sponsor's corrective amendments, so it is not a form for individual participants.
Four: an IRC Section 401(a)(17) failure in a defined contribution plan, a hardship distribution failure, a plan loan failure, and early inclusion of otherwise eligible employees.
Each one is corrected by the plan sponsor retroactively amending the plan. For Failure A, the form also describes an additional contribution for other employees, adjusted for earnings.
The form has space for the actions the plan sponsor will take after a mailing to the last known address. It says contributions are made later if the person is located.
The applicable items on the Procedural Requirements Checklist for Form 8950, plus the amendments, the prior plan document and any calculations or demonstrations listed in Section III.