Gust Rap

[J2D2]

Multiple employer 401(k) plan is adopted in 2000, but no action is taken to actually implement the plan. Early in 2002, the plan accepts a transfer of assets & liabilities from another (unrelated) multiple employer plan. Prior to this trustee-to-trustee transfer, the new plan had no assets and no participants.

I seem to recall seeing something in the past to the effect that a plan was not considered to be in existence until it had assets/participants. Sorry for the sketchy details, but we're still gathering facts.

Is the GUST remedial amendment period (RAP) for the new plan based on its date of adoption in 2000, resulting in a GUST RAP that ends 2/28/02? Seems the alternative would be that the RAP is based on the 2002 date when the plan accepted the transfer of assets & liabilities.

Thanks for all responses.