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What was Cycle E plan's deadline to adopt pre-approved plan - 1/31/2016 or 4/30/2016?


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The sponsor of an individually designed Cycle E plan restates the plan using a volume submitter plan document. Based on section 17.04(2) of Revenue Procedure 2007-44, was the deadline to adopt the volume submitter document 1/31/2016 or 4/30/2016?

Section 17.04(2) of Revenue Procedure 2007-44 states:

.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 a Pre-approved Plan, before the end of the employer's five-year remedial amendment cycle as determined under Part III of this revenue procedure. 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).

The current adoption period for pre-approved defined contribution plans is 5/1/2014-4/30/2016. If a Cycle E IDP is restated on a volume submitter document, is the deadline to do so the same deadline as executing the Form 8905 for Cycle E plans (1/31/2016)? Or is the deadline the same deadline as executing the pre-approved plan document (4/30/2016)?

:unsure:

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