SECTION 590:35-7-6. Mistaken Employer Contribution

(a)   If, due to a mistake of fact, an Employer Contribution has been allocated to an Account in error, the Recordkeeper shall reallocate from such Account to a suspense account as soon as administratively possible but not later than the Plan Year immediately following the Plan Year in which the mistaken Employer Contribution was made:

(1)   If the Employer Contribution has experienced a gain, the amount of the Employer Contribution, plus any gain attributable to that contribution, or

(2)   If the Employer Contribution has experienced a loss, the remaining amount of the Employer Contribution: or

(3)   If the Employer Contribution has experienced no gain or no loss, the amount of the Employer Contribution.

(b)   Amounts so reallocated to a suspense account shall be used to reduce the Employer Contribution.

[Source: Added at 15 Ok Reg 1240, eff 1-26-98 (emergency); Added at 15 Ok Reg 3282, eff 7-13-98]