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EP Examination Process Guide - Puerto Rico Plans FAQs - What are the procedures for Puerto Rico plans to make an election under ERISA Section 1022(i)(2)?

What are the procedures for Puerto Rico plans to make an election under ERISA Section 1022(i)(2)?

The plan administrator can make the election by either:

1.  Mailing or faxing an election notice to the EP Exam Group Manager.

Mailing address:
IRS - TE/GE Employee Plans
c/o Group Manager
7850 SW 6th Court, Group 7650
Plantation, Florida 33324

Fax number: 855-230-1536

The election notice must include the plan:

  • administrator’s statement electing to treat the plan as a qualified plan under Internal Revenue Code Section 401(a),
  • name, plan number, address and telephone number, and
  • taxpayer identification number (TIN) or employer identification number (EIN).

Upon receipt of the election notice, the EP Exam Group Manager will:

  • register the election in a database for ERISA Section 1022(i)(2) elections, and
  • mail an election acknowledgement receipt to the plan administrator.

2.  Filing for an election as part of a determination letter application, if eligible to apply for letter (see New Determination Program Rev. Proc. 2016-37 and Form 5300, Application for Determination for Employee Benefit Plan (instructions).

Related resources
Treasury Regulations Section 1.401(a)-50(b)