Amendments for Corbel volume submitter with adoption agreement

[Jim Chad]

I'm trying to get a handle on what tack on amendments I need when I restate from Gust to EGTRRA.

I think Robert Richter in Chicago said the following were needed. Please correct me if I'm wrong on the list.

415

PPA '06

402(g) Gap period

Heart

There are some provisions in the checklist that seems to deal with 415 and PPA.

Are these sufficient or do we need the tack on amendment?

If we need a tack on amendment, are you using the old ones we received years ago?

[Blinky the 3-eyed Fish]

I moved this topic to the appropriate forum.

Corbel should provide you with the appropriate amendments after EGTRRA. I know 415 is of immediate concern. The others have deadlines that are a bit away and I don't know that the language is available with Corbel yet. If so, I haven't seen it.

I am not sure what you mean by "old tack on amendments received years ago".

[Jim Chad]

By "old amendments received years ago" I meant the amendments we received for GUST Plan Docs. Many of these were only needed for a Plan termination or if we wanted to use a provision right now.

One Example would be the 415 amendment we received in December 2007. Should I use this?

Do I need to use a seperate amendment or are the provisions in the checklist regarding 415 comp enough for a DC Plan?

[Blinky the 3-eyed Fish]

When you are completing Corbel's checklist one of the options is to generate a 415 tack on amendment. I would recommend generating that amendment with your restatement since the deadline for adoption is the tax return due date after 415 regs. are effective (as soon as 9/15/08 for June year-ends). Our office has gone through it and it seems fine to me. As I mentioned before, I haven't seen language available for the other amendments with the EGTRRA restatements, but that's okay since they aren't needed as soon as the 415 amendment is.

Again I am not following your original question about using "old tack on amendments". Some examples of those old amendments are: the EGTRRA "Good Faith" amendment, 401(a)(9) amendment, 401(k) regs. amendment, and others. All of those provisions are already in the EGTRRA restated document, so of course you don't need those.

Have you gone through a checklist yet? Maybe that will help.

[John Feldt ERPA CPC QPA]

The old tack on amendments are now part of the EGTRRA plan adoption agreement and basic document.

When you restate to the EGTRRA document, you do not need to attach the old final 401(k)/401(m) tack-on, the mandatory rollover 401(a)(31)(B) tack-on, the post-EGTRRA tack-on, etc.