If a plan did not execute a "good faith" EGTRRA amendment because it incorporated the required plan changes (ie. top heavy) by reference and the sponsor did not want to adopt the more liberal limits, what does that mean going forward?

Will the plan need to amend by the end of the EGTRRA RAP (2005) to reflect the new limits?

Does the plan have a compliance issues? If not, why would anybody file under the IRS voluntary compliance program (EPCRS) and pay the fee?

I assume the interim valuations should reflect the pre-EGTRRA indexed limit (ie. 180,000)?

Any commentary extremely helpful.

Thanks in advance.