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Retirement Plans FAQs Regarding EGTRRA Determination Letter Program for Pre-Approved Plans

  1. I am the sponsor of a pre-approved plan (i.e., an M&P sponsor or volume submitter practitioner). I restated my pre-approved plan for EGTRRA and I have received a favorable EGTRRA opinion or advisory letter. When do employers who are prior adopters of my plan or who are otherwise eligible for the six-year remedial amendment cycle under section 17 of Rev. Proc. 2007-44, as modified by Rev. Proc. 2008-56, have to adopt my EGTRRA-approved plan?

  2. In 2009, I filed an application for an opinion letter as a word-for-word identical adopter of a mass submitter defined contribution M&P plan and received the opinion letter in late 2009. When must an employer adopt my M&P plan if the employer wants to be able to rely on my M&P plan’s opinion letter to retroactively amend the employer’s plan for EGTRRA?

  3. Is the end of the applicable two-year adoption period (April 30, 2010, for pre-approved defined contribution plans, or April 30, 2012, for pre-approved defined benefit plans) also the deadline for filing a determination letter application?

  4. If I file a determination letter application for my pre-approved defined benefit plan by April 30, 2012, and the Service determines that additional remedial amendments are needed, will I have time to adopt the amendments?

  5. I maintain an individually designed defined benefit plan for which I received a favorable GUST determination letter. I have timely amended the plan in good faith for EGTRRA and subsequent guidance. Before the end of the initial five-year remedial amendment cycle for my plan (which was Cycle B), I signed Form 8905, Certification of Intent to Adopt Pre-approved Plan, to evidence my intent to replace my individually designed plan with an M&P plan, once the latter received an EGTRRA opinion letter. I have now decided to retain my plan as an individually designed plan, rather than adopt the M&P plan as I had previously intended. If I need to adopt any remedial amendments to my plan for EGTRRA and subsequent guidance, when will the remedial amendment period for adopting those amendments end?

  6. I am an adopter of a volume submitter plan and I wish to make certain changes to the pre-approved document. When I file a determination letter application, must I incorporate these changes in the pre-approved plan document or may I make the changes as separate amendments to the plan?

  7. I am an adopter of an M&P plan and I wish to make certain changes to the pre-approved documents, other than choosing among options in the adoption agreement and amending the plan in the manner described in sections 5.02 and 19.03 of Rev. Proc. 2011-49. When I file a determination letter application, may I incorporate these changes, as well as interim amendments for changes in qualification requirements on post-2004 Cumulative Lists (in the case of a defined contribution plan) or post-2006 Cumulative Lists (in the case of a defined benefit plan), in the pre-approved plan document or should I adopt these changes and interim amendments separately?

  8. I am filing Form 5310 to terminate my EGTRRA-approved M&P or volume submitter plan. Must I include copies of interim amendments with my application?

  9. I have adopted discretionary plan amendments since my last determination letter. Should I include copies of these amendments when I apply for a new determination letter on my pre-approved plan?
Page Last Reviewed or Updated: 28-Jul-2014