individually designed DB to prototype

[Scuba 401]

lets say I had an individually designed DB plan and they want to restate to a prototype. Would they be able to do it by the deadline coming up for prototype db plans or would they have had to stick to the 5 year cycle for individually designed plans? They were a cycle B and they did not restate by 1/31/2008.

[Kevin C]

If they signed a Form 8905 by 1/31/2008, they are on the 6 year prototype cycle as an intended adopter. Otherwise, they are on cycle B. It doesn't look like they qualify for the 6 year cycle as a prior adopter, new adopter or adopter of a replacement plan.

Rev. Proc. 2007-44, Section 17.04 An employer is an intended adopter if:

(1) the employer currently maintains a qualified individually designed plan and

(2) such employer and a sponsor or practitioner who maintains an existing pre-approved plan or an interim pre-approved plan execute Form 8905, Certification of Intent to Adopt Pre-approved Plan 4, before the end of the employer's five-year remedial amendment cycle as determined under Part III of this revenue procedure. 5 However, if the employer's five-year remedial amendment cycle ends during or after the announced adoption period described in section 16.03 and 16.04 associated with the applicable six-year cycle, rather than execute Form 8905, the employer should instead adopt the newly approved version of a pre-approved plan (and will be treated as a new adopter under section 17.03).

[Scuba 401]

If they signed a Form 8905 by 1/31/2008, they are on the 6 year prototype cycle as an intended adopter. Otherwise, they are on cycle B. It doesn't look like they qualify for the 6 year cycle as a prior adopter, new adopter or adopter of a replacement plan.

Rev. Proc. 2007-44, Section 17.04 An employer is an intended adopter if:

(1) the employer currently maintains a qualified individually designed plan and

(2) such employer and a sponsor or practitioner who maintains an existing pre-approved plan or an interim pre-approved plan execute Form 8905, Certification of Intent to Adopt Pre-approved Plan 4, before the end of the employer's five-year remedial amendment cycle as determined under Part III of this revenue procedure. 5 However, if the employer's five-year remedial amendment cycle ends during or after the announced adoption period described in section 16.03 and 16.04 associated with the applicable six-year cycle, rather than execute Form 8905, the employer should instead adopt the newly approved version of a pre-approved plan (and will be treated as a new adopter under section 17.03).

did all the 8905 forms have to be signed by 1/31/2008?

[Kevin C]

No, the Form 8905 needed to be signed by the end of the first 5 year cycle. That was 1/31/2007 for cycle A, through 1/31/2011 for cycle E.

The other option was to adopt a pre-approved document (or one that had been submitted for approval) by the end of the first five year cycle.

If they did not sign Form 8905 with a M&P sponsor or volume submitter practitioner, you will need to look at a VCP non-amender filing under Rev. Proc. 2008-50. The IRS has updated that Rev. Proc. but it has not been published yet.