In Announcement 2010-20, the Internal Revenue Service, (the “IRS”) said that it will soon issue opinion and advisory letters for pre-approved (i.e., master and prototype and volume submitter) defined benefit plans, that were filed with the IRS, and that were restated for the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”) and other changes in plan qualification requirements listed in Notice 2007-3 (“the 2006 Cumulative List”). The IRS indicated that it expects to issue these letters on March 31, 2010, or as soon as possible thereafter. A plan that receives a favorable letter with respect to its restatement for EGTRRA and the 2006 Cumulative List is referred to as an “EGTRRA-approved plan.” Employers using these pre-approved plan documents to restate a plan for EGTRRA and the 2006 Cumulative List will be required to adopt the EGTRRA-approved plan document by April 30, 2012. The IRS will accept applications for individual determination letters submitted by adopters of these pre-approved plans starting on May 1, 2010.
Published By Stanley D. Baum, New York ERISA attorney, Of Counsel at Cary Kane LLP Handling matters in ERISA, employee benefits, disability, and employment law for employers, individuals and unions.