Have I Missed Second Submission for VS Adopter?????

[Guest jvgatty]

Help! I feel like I am missing something here. Have a VS adopter which received a favorable determination letter on September 14, 2010 (and was submitted February 1, 2010),

The favorable DL reads:

"This letter expires on the earlier of the date of the employer's next determination letter or the end of the subsequent two-year period announced by the Service and which comprises part of the next six-year remedial amendment/approval cycle applicable to adopting employers of pre-approved defined contribution plans."

We submitted our VS for the second cycle submission on 2/1/11. We have not received our ne Advisory Opinion but reviewing agent anticipated issuing by month's end.

I can't find where the service announced the date for the end of the subsequent two-year period? Did I miss it? If not, is my current favorable DL still good, valid and not expired?

Thanks in advance for your awesome, steer me in the right direction answers.

[Kevin C]

You haven't missed anything. Our document provider says they expect the DC Opinion letters around March of next year. When I spoke with one of their attorneys at the ASPPA conference at the end of October, he indicated they were still negotiating with the IRS over document language. The two-year period for adoption won't start until after the Opinion letters are out.

The restatement cycles are covered in Rev. Proc. 2007-44.