Employer reliance on VS opinion letter

[retbenser]

According to Rev Proc 2005-16, you cannot rely on VS opinion letter if the employer has maintained at any time another plan covering some of the same participants.

Does this mean all combined DB/DC VS documents will have to apply for Letter of Determination?

Thanks for all responses.

[Belgarath]

I'm not entirely sure what you are asking, but I think perhaps you are taking an overly broad interpretation of the scope of the "non-reliance?" What the Revenue Procedure says is:

(b) if the employer maintains or has ever maintained another plan covering some of the same participants, §§415 or 416.

So what it is saying is that you can't rely on the VS advisory letter for 415 or top heavy. So I'd interpret this as just requiring operational compliance, which you undoubtedly do anyway. Not sure what others might think on this.

[retbenser]

I'm not entirely sure what you are asking, but I think perhaps you are taking an overly broad interpretation of the scope of the "non-reliance?" What the Revenue Procedure says is:

(b) if the employer maintains or has ever maintained another plan covering some of the same participants, §§415 or 416.

So what it is saying is that you can't rely on the VS advisory letter for 415 or top heavy. So I'd interpret this as just requiring operational compliance, which you undoubtedly do anyway. Not sure what others might think on this.

Thanks. I think you are correct.