Schedule Q needed for 5307?

[Archimage]

I have a plan that was new for 2003. All employees were hired in late 2002. Whoever drafted the orginal document did not think to allow immediate entry and the plan operated as if this was the case. I am going to file for a determination letter and I am wondering if I need to file the sch Q along with the 5307?

[Mike Preston]

Huh? What does one have to do with the other? I'm sooooo confused (normal state of affairs, per some people).

[Archimage]

I see that didn't make a lot of sense. I am going to amend the plan to retroactively allow immediate participation. It has been recommended to me to get a determination letter regarding the amendment. Is there anything special I need to do that would be different from a normal determination letter filing?

[Mike Preston]

If the plan is a 2003 plan then you are still in the RAP, aren't you? Are you saying this is a 401(k) plan? I would think the safe course of action is to apply for an LOD if you allowed people to defer before they were technically eligible to do so, but have amended the plan retroactively before the end of the year to provide for their entry. I'm not sure it is required, though, although it is an interesting fact pattern. Certainly wouldn't hurt to follow the EPRSC guidelines on what to do when a plan allows early participation. I do believe, without looking it up, that EPRSC does indeed require that the amendment be submitted.