Effective date of GUST restatement& Elimination of Fail-Safe prov

[Guest AlCal]

1. Still not clear about the effective date of GUST resatatement we have to specify in the Adoption Agreement and Corporate Rezolution. The Plan Docs incorporate dates by reference; does it matter then if we specify as effectivre date December 97 or January 01, 2001?

2. The IRS does not allows "fail-safe" provisions in "GUSTified" Volme Submitter plan docs (am I right?).

My question: if I restate plans that used fail safe provisions in the past to pass 410(B)- bringing back and giving allocation to participants with less than 1000hrs or not employed in the last day;Is the plan in non compliance by retroactivelly adopting a plan doc that does not have fail safe language?

And even if I use GUST effective date as January 01, 2001...Istill have plans that used fail safe provisions to pass 410(B) in 2001.

Thanks for your input to these two questions.