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Tips to Expedite the Determination Letter Process

Follow these tips to help speed the review of your determination letter application.

  • To ensure that your application is complete, use the procedural requirements checklist on the last page of Forms 5300, 5307, 5310 and 5316.
  • Failure to provide all required information may result in your incomplete application being returned without contact or consideration.
  • Please don't staple, bind or fold plan documents, and use 8½ × 11 inch paper.

Form 5310

Board of Directors resolution

Include a copy of the resolution or other documentation formally terminating the plan. The date of the resolution must be before the date of termination.

Plan documentation

Amend your plan for all law changes up to the termination date even if those changes are not listed on the latest Cumulative List.

Forms 5300 and 5307

Cover letter

Include a cover letter with your application to alert us to significant and relevant information for the plan, including:

  • whether you are filing the application on or off-cycle, and if you're filing off-cycle, please indicate the reason why;
  • any unique circumstances such as a “special ruling request” or urgent business needs for which you're requesting expedited treatment;
  • whether the plan is part of a controlled or affiliated service group or multiple employer plan arrangement, or if you're submitting it with a related plan (include the related plan's tax identification and plan numbers); and
  • if the plan was involved in a merger or consolidation of plan assets.

If you are filing as the sponsor of a group or pooled trust, please file Form 5316, Application for Group or Pooled Trust Ruling.

Current forms

Use the current version of all applicable forms and ensure that the forms are completed, signed, and dated.

Employer Identification Number (EIN)

Use the employer identification number of the plan sponsor and not the associated trust.

Correct user fee

Submit the appropriate fee based on the current user fee schedule. If you’re eligible for user fee exemption, sign and date the certification line on Form 8717, User Fee for Employee Plan Determination, Opinion, and Advisory Letter Request. Stamped signatures aren't acceptable.

Prior determination letter

Include the last favorable determination letter we issued to the plan sponsor. If the plan has never received a prior determination letter, send signed and dated copies of all prior plan documents. For adopters of pre-approved plans using adoption agreements, include only the adoption agreements and applicable opinion/approval letters. See the EP Determinations Quality Assurance Bulletin (Sept. 8, 2006) for additional guidance. Also, include the plan’s current Form 8905, Certification of Intent to Adopt a Pre-approved Plan, if applicable.

Plan documents

Include a copy of the plan, adoption agreement and all amendments since the last determination letter. Include interim and discretionary amendments unless you adopted a pre-approved plan which has a current opinion/advisory letter. Ensure that the copies you submit include adoption dates and signatures.

  • Your plan document must be restated for all current guidance on the applicable Cumulative List for your filing. You can use the Alert Guidelines to help you verify that your plan is updated.
  • List the plan language and sections that have been modified by amendment(s).
  • Submit all required interim amendments, including evidence that you've adopted the amendments.

Pre-approved plan adopters

If you adopted a pre-approved plan, include the approval letter for the plan document and write the letter number from the prior approval letter on the plan document.

  • Include the plan’s current Form 8905, Certification of Intent to Adopt a Pre-approved Plan, if applicable.
  • If you adopted a volume submitter document that uses an adoption agreement, please include a copy of the associated plan. Also, include the most recently approved version of the volume submitter document.
  • Volume submitter modifications - Include either a list of modifications (items added, deleted or modified from the volume submitter specimen plan identifying the plan sections affected), or a certification that your plan is word-for-word identical to the specimen plan.
  • Form 2848, Power of Attorney and Declaration of Representative for volume submitters - identify the volume submitter practitioner in Part I, line 2 (Representative) and include the practitioner’s signature in Part II (Declaration of Representative). See the Form 2848 instructions.

Other supplemental documents

Include all other pertinent documents, such as merger agreements, plan documents for merged plans, voluntary compliance statements or collective bargaining agreements referenced in the plan document. Identify and explain changes to plan sponsorship, plan name, EIN, and any other plan changes that have occurred since we issued the prior favorable determination letter, if applicable.

Attachments relating to application questions

Some questions on the application require supplemental explanatory information, such as a controlled group statement for employers maintaining plans on behalf of a controlled group of affiliated employers. Please include all required supplemental material.

Notice to interested parties

If you answer "yes" to the "Notice to Interested Parties" question on the application form, you don't have to send a copy of the notice with your application.

Multiple plan information (Form 5307, line 9)

If you answered “yes,” please include a statement listing the name, type, form and number of the plan; whether each plan has received a determination letter or has a pending application; and whether there are paired plans. If applicable, indicate the serial number of the letter issued for the paired plan.

Additional resources

 

Page Last Reviewed or Updated: 04-Sep-2014