Plan Amendment Logistics

[Gary]

A plan has a fiscal and plan year of 6/1 to 5/31. And the limitation year is the plan year.

The 415 regs are effective April 5, 2007 and apply for limitation years beginning on or after 7/1/07.

So this means to me that the 415 regs apply for the specific plan above for the plan year beginning 6/1/08.

The plan was terminated as of 5/31/07 and assets distributed 4/7/08.

First question is did the plan need to be amended for the final 415 regs? Since the regs were effective 4/5/07 (prior to date of plan termination) it seems that there is no harm if a plan amendment adopting the 415 regs was signed. Of course they would never apply since the plan assets were distributed prior to the date the rules appply (i.e. 4/7/08 versus 6/1/08).

Regarding application of the remedial amendment period:

My understanding is that the remedial amendment period for the final 415 regs is up until the due date of the filing of the 2008 tax return. The 2008 fiscal year ends 5/31/09 and thus isn't even due yet. So does this mean that an amendment is not required until for example 8/15/09 (due date w no extensions) to avoid disqualification and thus really never had to be doen for this plan?

Thank you.

[Blinky the 3-eyed Fish]

Since the plan term is before 6/1/2008, no 415 amendment is required. Distribution date is irrelevant.