If, under any application filed by or on behalf of the Retirement Plan, the Internal Revenue Service determines that the Retirement Plan as amended and restated does not qualify under IRC § 401(a), and the determination is not contested, or if contested, is finally upheld (or otherwise finally determined), the Plan Administrator, without further authorization or consent from the Plan Sponsor, may retroactively amend the Retirement Plan to the earliest date permitted by Treasury Regulations to the fullest extent that the Plan Administrator considers necessary to obtain an Internal Revenue Service determination that the Retirement Plan qualifies under IRC § 401(a).
N.J. Admin. Code § 17:6-16.8