May proposed GUST restatements be submitted for determination letters?

[Guest Bud]

Does anyone know if plan documents restated for GUST may be submitted for favorable determination letters in proposed forms?

Opinions with or without legal authority welcomed and begged for.

Thanks.

[Guest Do]

I have submitted plans in the past in proposed form. Once the determ letter was received, the plan document (with changes required by the IRS reviewer) had to be signed within 91 days of the letter.

That was for TEFRA/DEFRA and TRA '86 restatements. I don't know if things have changed for GUST restatements.

The instructions to the 5300 say to enter 9/9/9999 for the adoption date of proposed plan documents. Therefore, I think you can submit proposed plan documents.

I am not confident though. I hope others chime in.

[Guest Bud]

Thanks Do. I hope so too.

I also wonder what you think about IRS Ann. 2001-77 regarding the Schedule Q as optional. Would you submit a Schedule Q?

[Guest Do]

I'm surprised no one else has chimed in.

I wouldn't submit a schedule Q if the plan is a safe harbor plan. Coverage needs to be satisfied every year anyway (or evrey three years under substantiation data).