Determination Letter Question

[Scott]

A company restated a qualified plan by adopting a non-standardized prototype 401(k) plan in 2002. In 2003, before applying for a determination letter with Form 5307, the company adopted an amendment that takes the plan out of prototype status and makes it an individually-designed plan. Is the plan now a non-amender that must go under EPCRS, or can it still take advantage of the September 30, 2003 deadline for filing for a determination letter?

[chris]

You might want to post this in the GUST/EGTRRA Restatement section of the message boards as well.

Don't do much with prototypes, but..... I would think that the plan could still be submitted for a letter under the 9/30/03 deadline. However, did the employer sign off on an employer certification prior to Feb 28, 2002 regarding adopting approved language of a vol submitter/prototype plan sponsor? If the employer was entitled to the extended date to submit at each step of the way, I would not think that the amendment (causing it to be an individually designed plan) would kick them out. There are others on the board who can probably give you a more definitive answer...