Determination Letter on Prototype Plan

[Guest Jane S]

We received a Form 5300 from our document company stating that our plan was designed in such a way that it no longer falls within the scope of the opinion letter issued by the IRS with respect to their prototype document. We have a nonstandardized 401K with a last day requirement to receive a profit sharing and/or matching allocation. We have not deviated from any of the check boxes. Do we have to file or is it optional?

[Mike Preston]

You need to ask them what, specifically, has caused your plan to require submission. There is nothing anybody on the outside can do to answer that question, I fear.

[mbozek]

Check the IRS determination letter issued to the prototype sponsor for the exceptions where the employer cannot rely on the det. letter issued to the sponsor, e.g., maintaining another DC plan.