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Sample cover letter for Form 5300? Also, please confirm that changing prototype document provision makes our plan "individually designed"


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Posted

I am filing a determination letter (5300) on a plan we sponsor. Can some one point me to a sample cover letter that should accompany the 5300 to the IRS?

Also, we use a prototype document with a well-known vendor, however, the matching frequency could not be accommodated within the vendor's document (we match semi-annually and require the participant be employed at each allocation date in order to receive a match). The vender attached an addendum to the adoption agreement to reflect the method in which we match and said that we need to submit for IRS approval as an individually-designed document. Does this seem correct? To what degree can you modify the language of a prototype without creating an individually-designed document? Any input would be greatly appreciated.

Posted

Here's a sample letter, although it might need to be updated, since it was written quite a while ago:

http://www.volumesubmitter.com/forms/transmitletter.html

A prototype document can not be modified by a single letter (other than by filling in the blanks as anticipated by the IRS) without creating an individually designed plan. Sorry.

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