GUST volume submitter prototype document relying on sponsor's approval letter now being amended to include a non-standard option.

[Guest Judy S]

I have a client that adopted a "word-for-word" volume submitter prototype document for its GUST restatement of its cross-tested profit sharing plan. The document is a Corbel document. Because the document was "word-for-word", we did not submit it for a determination letter.

Now, the document has been amended to change the definition of compensation to exclude bonues, except those paid to hourly and administrative staff employees, and to the plant manager. In 2003, there were 2 NHCE's and 3 HCE's with excluded bonuses. In the 414(s) test, the ratio of NHCE's to HCE's was 124.7%. One of the 2 NHCE's with excluded pay is a new hire who will be an HCE in 2004.

My question: though I know you don't need to submit a document for IRS approval, we generally have done so for our clients in the past, and did submit all GUST restatements that were not "word-for-word". Should we submit this amendment for approval? What are the pros and cons? Can we submit on Form 6406 (we've never used this method before), or Form 5307?

I'd appreciate your comments.