Employee Benefits-IRS Announces The Temporary Closing of the Determination Letter Program for Adopters of Pre-Approved Defined Benefit Plans

According to Announcement 2009-85, on and after February 22, 2010, the IRS will no longer accept applications filed on Form 5307 for determination letters for pre-approved defined benefit plans. The IRS is taking this action, because these plans are required to be restated to comply with items identified for review in IRS Notice 2007-3. The restated plans may be submitted to the IRS for a determination letter (if needed), using Form 5307, during a period of approximately two years, which the IRS expects to announce early in 2010. The temporary hiatus in accepting Form 5307 applications will allow the IRS to prepare to receive the applications for the restated plans.

Announcement 2009-85 does not affect the ability of adopting employers to apply for determination letters on Form 5307 for pre-approved defined contribution plans (see Announcement 2008-23). It also does not affect the ability of adopting employers of pre-approved plans, whether defined benefit or defined contribution, to apply on Form 5307 for a determination letter for plan amendments related to a voluntary correction program (VCP) submission, or as required to make a correction under the audit program (Audit CAP), under Revenue Procedure 2008-50.