Amending a Prototype for Automatic Rollover Provisions

[Guest PB&J]

I am working with an employer who has a standardized prototype document. The prototype sponsor has adopted the amendment to comply with the automatic rollover provisions on behalf of the employer. I believe this is acceptable. The plan however has a 6/30 year-end so the rollover amendment has to be adopted by 6/30/05. If the prototype sponsor is permitted to adopt the amendment on behalf of the employer how do I show that the Plan timely adopted the amendment?

I hope this makes some sense and someone has some guidance. THANKS!

[WDIK]

...how do I show that the Plan timely adopted the amendment?

Why not just have the sponsoring employer that adopted the plan execute the model amendment by June 30th?

Perhaps the following excerpt from IRS Notice 2005-5 will be of some help.

Included in the Appendix is a sample plan amendment that individual plan sponsors and sponsors (or volume submitter practitioners) of pre-approved plans can adopt or use in drafting individualized plan amendments. This sample plan amendment, or a plan amendment that is materially similar to this sample, will be a "good faith" plan amendment. The adoption of this sample amendment by a sponsor (or volume submitter practitioner) of a pre-approved plan will not cause such a plan to be treated as an individually designed plan. If a plan is amended by a timely good faith amendment reflecting the automatic rollover requirements, a plan amendment to a disqualifying provision related to the automatic rollover requirements can be made within the plan's EGTRRA remedial amendment period to the extent necessary to satisfy the automatic rollover requirements, as interpreted in published guidance.