Off Cycle Determination Letter application

[Guest hyper800]

New client has a 2002 FDL. Client should have filed for an FDL in January 2008 (Cycle B) but did not. We will file an off-cycle FDL application in the next few weeks.

Question: For what period of time is the 2002 FDL effective:

a) Can the client rely on the 2002 FDL until the expiration of the remedial amendment period in January 2008 or

b) because the FDL application was not submitted in a timely manner has the 2002 letter been voided altogether, or

c) Can the client rely on 2002 FDL only through the date of issuance in 2002, but not after 2002.

An example, lets say there was an operational failure in 2007. In order to correct under EPCRS client needs a current FDL. Can the client rely on 2002 FDL to correct the 2007 operational fail ?

I am confused how the 401(b) rules interplay with the new remedial amendment cycles.

(Note: Not my first post, I had to re-register for some reason)