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IRS Provides Limited Relief for Certain Section 409A Operational Failures
Deloitte 
[Guidance Overview] Dec. 12, 2008
Excerpt: Notice 2008-113 applies only [to] inadvertent and unintentional failures in operation of a plan that otherwise complies with section 409A. In addition, the service recipient must take commercially reasonable steps to avoid recurrence of the failure.
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