Locating Old Amendments

[Guest ANNEBV]

I have a client with 2 401(k) Plans, one for their collectively bargained employees and one for their non-collectively bargained employees.

The non-collectively bargained plan has been updated for GUST & has received a favorable determination letter from the IRS in 2002.

The collectively bargained plan is currently under review by the IRS for a favorable determination letter. The IRS has requested copies of 1991 amendments for UCA & OBRA, as part of the FDL process. My client cannot locate a copy of the amendment. They do have a copy of a prior FDL, dated 10.28.92. They also DO have a copy of the required amendment for their non-collectively bargained plan.

They have had three-fold changes in bundled TPAs, due to acquisition (banks). They fear that the amendment may never have been done, as a result, especially if they (possibly) might have been advised to wait until labor contract negotiations were to take place (to prepare any amendments)...but they don't know for sure. Turnover is an issue at the client as well.

Any options/ideas for this client re: tracking the amendment & furnishing something to the IRS? They fear that they risk qualification status if they can't produce a signed amendment...but with the change in TPAs, they don't know how to track one down (or confirmation that one was never done.)

[E as in ERISA]

If the non-collectively bargained was amended, is it possible that there is a board resolution authorizing BOTH amendments? (I'd check 1994 minutes. I think that it was UCA 92 and OBRA 93 and was required in 1994).

I believe that if you can't find it you'll get referred to CAP to do the corrective amendment and pay the presumptive amount.