Determination Letters...

[Guest RONNIE WASEL]

What is the deadline to file determination letters for plan documents using a volume submitter plan?

Thanks.

[jaemmons]

Generally, if the document sponsor of your VS has been issued a favorable opinion letter, then you will have until the later of 12/31/02 or 12 months after the date upon which they received their last opinion letter for all of their VS documents. This is assuming the plan sponsor signed a certification as per Rev Proc 2000-20. If they haven't signed one (certification) for the VS, the 12 month period may extend from their previous document provider. For example, if the document sponsor received their DB letter, which is the case for most sponsors, some time this year, you could feasibly have until some time in 2003 to restate and submit for a DL on the DC VS document.

A little confusing, but if you can provide some more details, I can help with a more accurate answer, instead of pretty much generalizing my statements.

[Guest RONNIE WASEL]

Thanks for the response.

Basically, we have restated all our VS (Corbel) plans for GUST and amended them for EGTRRA. Some of them we did at the end of 2001, before the deadline got extended, and the rest were done this year before the Feb. deadline.

My question is basically, how long do I have to file the Determination Letter Request?

Thanks,

Ronnie

[jaemmons]

Did you make any modifications to the Corbel document? If not, I don't know of any reason as to why you are submitting for a DL. This is even the case for the cross-tested plans, since the DL is only good for the year of submission. My firm also uses the Corbel VS DC plan and as of now I am drawing a blank as to any deadline for submitting for a DL, aside from an individually designed plan.

However, if you use the conservative approach, I would use the end of the remedial amendment period as your guideline for a GUST DL.