Amendments to Prototypes

[Guest mkelly]

Facts:

Prototype Document submitted to the IRS for GUST ...awaiting opinion letter

Employer has made significant amendments to the pre gust prototype.

Q: Do they have to file as an individually designed doc before 2/28/02 or can they rely on the extended remedial period of one year from the Gust opinion letter on the Prototype, which has not yet been received from the IRS?

[KJohnson]

You may want to look at this link.

http://www.benefitslink.com/mbmirror/12136.html

I believe you get the extended remedial amendment period because you were previously on a prototype even if you amended out of the prototype--assuming the prototype sponsor got its document in by 12/31/00. Thus you get the extended RAP.

As a safety measure, if you "fit" under the GUST restated prototype (and again assuming the prototype was submitted by 12/31/00) then you could sign a certification that you will use the prototype by 2/28/02 to make "extra sure" that you have the extended RAP.