2010 or late?

[Guest Sabadee!]

IDP DBPP cycle E, received a letter in 2003, but it did not cover EGTRRA. Do I have until 2010 or did I miss a submission deadline already?

[John Feldt ERPA CPC QPA]

Did the plan adopt an EGTRRA good faith amendment in 2003 (or sometime thereabout)?

[Guest Sabadee!]

There is an EGTRRA amendment eff. 12/01/02 dtd. 11/28/03.

[John Feldt ERPA CPC QPA]

You're probably okay. You are saying the D letter does not cover the EGTRRA amendment. Plan's are generally not required to request an IRS D letter at all.

You should check for all other IRS-required interim amendments too, such as the 401(a)(31)(B) amendment if applicable.

You'll need to adopt the 415/PFEA amendment soon.

Cycle E is for individually designed plans, not prototypes, and it ends 1/31/2011. So you have until then to restate your plan in its entirety, restating it based on the LRMs in place at the end of 2009 (or whenever the IRS issues those LRMs, could be early 2010 if they get delayed some). You will then be on the 5-year restatement cycle instead of the 6-year. Would the plan fit into a prototype perhaps?

[Guest Sabadee!]

It's way to complicated to fit a prototype. Too many benefit structures and non safe-harbor features. Classic case of plan admin. as an afterthought of mergers and aquisitions. Thank you for you help.