Evidence of Entitlement to Extension of the GUST Remedial Amendment Period

[billfgrady]

With respect to submission for a GUST determination letter, Corbel indicates that evidence is required if a plan is amended for GUST after the end of the 2001 plan year (the GUST remedial amendment period). Corbel goes on further to say that a plan sponsor should include either evidence of adoption, before the expiration of the GUST remedial amendment period, of an M&P or volume submitter specimen plan OR a copy of the certificate, executed before the end of the GUST remedial amendment period, of the employer's intent to restate its plan by adopting a GUST approved M&P or volume submitter specimen plan.

I thought that the GUST remedial amendment period (not the extended GUST remedial amendment period) was February 28, 2002. My understanding is that the extended GUST RAP deadline was September 30, 2003. Does an employer need to submit evidence if it amended and restated its plan for GUST on February 28, 2002 (and the prior plan was a volume submitter plan)? If the answer is yes, is a copy of the amended and restated plan document sufficient "evidence"?

[Blinky the 3-eyed Fish]

The deadline for having a certification signed was the later of February 28, 2002 or the last day of the plan year that began in 2001. Of course if the plan already had a document that qualified for the extended RAP, then no certification was necessary.

As for your last question, if you restated the plan prior to February 28, 2002, then you don't need the extended RAP and I am not sure for what purpose you need to produce evidence.