GUST plan restated AFTER 1/1/97

[Guest slt]

What does everyone think about the following scenarios involving a DC plan that is restated effective January 1, 2001 but that is requesting a GUST determination letter filing?

a. Plan received a determination letter in 1994 and has been amended 3 times since then (1996, 1998 and 1999), including amendment for ALL necessary GUST changes which were incorporated in the 1999 amendment with an effective date of January 1, 1997. In 2001, plan adopts some design issues and restates. All the prior language in the plan relating to effective dates "e.g., the August 5, 1997 effective date for increases from $3,500 to $5,000" is wiped out (since this would be unnecessary in a 1/1/01 effective date plan). What do I do when I submit for a GUST determination letter request? Is attaching the old plan submitted in 1994, all amendments thereto and a copy of the 2001 Restatement good enough? Doesn't the IRS require in Rev. Proc. 2000-20 that I restate for GUST? Have I messed up by making the effective date of the new Restatement 1/1/01 and not 1/1/97? Was I supposed to go in to the 1999 Restatement and put "effective 1/1/01" for all the design-based changes I wanted to take effect in January 1, 2001?

b. Plan has a restatement effective January 1, 1997 that incorporates all GUST changes necessary for a GUST I determination letter. Plan receives a GUST I determination letter in 1999. Plan is restated on 1/1/01 and submits for a GUST II determination letter. Do I have a problem (assuming the same issues above) because the new restatement is effective 1/1/01 and not January 1, 1999 (the date non-GUST I GUST provisions take effect)? Does anyone think the IRS will have a problem with this?

As another question, what is the true effect of the GUST remedial amendment period? If I submit a determination letter request on December 30, 2001 and the IRS tells me that my USERRA provision is not exactly right, how long do I have to amend the plan to fix my USERRA provision? I ask because it seems like we are outside of the general 401(B)(1) "remedial amendment period" and are in a special "statutory (i.e. GUST) remedial amendment period." Am I in trouble if there is a mistake found after 12/31/01? Will the IRS argue that I was supposed to have submitted my application earlier (say in April), so that I'd have plenty of time left in the GUST remedial amendment period to make any corrections should any errors be found?

Thanks all!