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

Because you are changing the terms of the pre-approved M&P plan, you must submit your application on Form 5300 and your plan will be reviewed on the basis of the Cumulative List in effect when the application is filed. The changes and interim amendments must be in the form of a separate amendment to the plan and not incorporated into the underlying M&P plan documents. See section 19.05 of Rev. Proc. 2007-44, as modified by Rev. Proc. 2008-56

Page Last Reviewed or Updated: 18-Jul-2014