Restatement and Termination

[John Feldt ERPA CPC QPA]

A 401(k)/PS plan is still on a GUST document. They intend to terminate the plan in March 2010, so they have no intention to restate the document.

If they restated to an EGTRRA document, they can submit their 5310 after April 30, 2010 and ask for a D letter on the termination - no problem.

But, if they do not restate for EGTRRA (they adopt interim amendments only), and they want their Form 5310 accepted, must the 5310 be submitted by April 30, 2010?

[Kevin C]

There is a new determination letter Rev. Proc. out. It's 2010-6. Section 12.07 clarifies that terminating plans generally are not required to be restated. I don't see anything else in the Rev. Proc. that would force you to restate if the 5310 isn't filed before 4/30/2010. You would need to amend for law changes in effect through the termination date that haven't already been incorporated into interim amendments.

http://www.irs.gov/irb/2010-01_IRB/ar11.html#d0e13571