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

April 30, 2012. However, if you file an application for a determination letter by that date, the remedial amendment period will not end before the expiration of 91 days following the issuance of the determination letter. This answer would be the same if you had signed a Form 8905 intending to adopt a volume submitter plan rather than an M&P plan and subsequently decided to retain your plan as an individually designed plan.

Page Last Reviewed or Updated: 28-Jul-2014