With the addition of the MRD proposed regulations to our Gust II documents (with amendment), do we automatically receive a waiver for participants that have attained 70 1/2 but have not yet retired. Provided they are not 5% owners.

It depends on the plan document provisions. The plan can be drafted such that you are not required to begin payments for any individual other than a 5% owner until retirement. But it can be drafted otherwise.