Good Faith EGTRRA Deadline--91 days after GUST letter?

[Guest Sutter]

Rev. Proc. 2002-73 gives us until "the end of the plan's GUST remedial amendment period" to adopt the good faith EGTRRA amendment (and to amend for Rev Ruls 2001-62 and 2002-27). Reg. 1.401(B)-1(e)(3) provides that the remedial amendment period is automatically extended until 91 days after the IRS issues a determination letter, provided the application for the determination letter was filed by the end of the RAP (determined without regard to -1(e)). I have a calendar year individually designed DB plan, amended for GUST and submitted in February 2002, and the IRS has not issued a determin letter yet. So, doesn't that mean the good faith amendment is NOT due on December 31, 2002?

Plan is not top heavy, and postponing the GAR amendment is not going to make a material financial difference.