Why do termianting plan have to restate?

[BG5150]

Why do termianting plans have to restate for EGTRRA? If they have a vaild GUST doc and all of the pretinent amendments, I don't see why they would have to do a full restatement--I would think they are already operating under the proper rules & regs.

Any idea why the IRS wants these restated? Is it a money thing; do they want the Determination Letter fees?

[John Feldt ERPA CPC QPA]

DC plan I assume.

If the date of termination is today or earlier, then they only need to adopt all current law to update the plan to terminate.

Restating from GUST to EGTRRA, if using a pre-approved document, would provide IRS reliance for the EGTRA, post EGTRRA, 401(a)(9), 401(a)(31)(B), and Final 401(k)/401(m) regulations amendments. Meaning, the IRS can't pick those apart for review if you restated for EGTRRA. That would only leave the Final 415 Regs amendment, the PPA amendment, the WRERA Amendment, the HEART amendment, and Notice 2010-15 amendment that they can pick apart upon review (if they audit the plan).