No Exception for Deposit of Deferrals for Small Amounts (Posted October 15, 2003) Technical Tip 34: The following question and answer are from the DOL Q&A Session at the 2000 ASPPA Annual Conference: Is there a de minimis amount with regard to make up of earning for late (k) deferral deposits, i.e., make up amount could be a couple of hundred dollars...such that no VFC application should be submitted? DOL Response: There is no de minimis amount with regard to making up of earnings for late 401(k) deferral deposits. VFC comments have been received on this issue and it is being considered. Caveat: The answer was drafted by the program moderators, including Fred Reish, based on their understandings of discussions with four senior officials of the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor. As a result, it does not represent a formal or binding position statement by the EBSA. View all Tips © 2008 Reish Luftman Reicher & Cohen, a Professional Corporation Important notice: Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner's situation. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of your situation.