IRS Determination Letter Filing Program for Retirement Plans, Including Amendment Requirements

Author: IRS Advisory Committee on Tax Exempt and Government Entities.

To: Stakeholders in the IRS retirement plan determination letter process and in the application of retirement plan amendment and restatement requirements.

Approximately five years ago, the Internal Revenue Service (IRS) enacted a 5- and 6-year cycle plan document restatement and filing process for plans seeking a favorable letter of determination as to their tax-qualified status. This process radically changed the plan document amendment and restatement process.

The IRS Advisory Committee on Tax Exempt and Government Entities (TE/GE) (the "ACT") is undertaking a study of the determination letter application process, how it is working, and how it might be improved.

As part of this effort, the ACT is particularly interested in the views of stakeholders, such as employers, benefits attorneys, third-party administrators, consultants, and M&P providers regarding their experience with the determination letter process as well as plan amendment and restatement requirements.

Please use the following online survey form to provide your views, or send them in another form (described later on this page).

While all input is welcome, the ACT is particularly interested in the observations, concerns, and suggested improvements in connection with the following categories:

* Remedial and interim amendment requirements.

* Staggered timing of the current cycle filing process (for new plans and for restated plans).

* The determination letter application process, including the time it takes to receive an approval letter.

* Experience with IRS personnel who review the plan filings.

In your response, please indicate the type of organization for whom you work or that you represent. Also, if you would be willing to participate in further discussion by conference call or to attend a stakeholders' meeting in Washington DC in October 2009 or January 2010, let us know in your response (and be sure to provide contact information).

To shape the direction of the ACT’s further analysis and recommendations, we would appreciate your input by September 30, 2009.

If you would prefer to respond in the form of a Microsoft Word file, please send the file as an attachment to an email, addressed to:

mike.spickard@summitrps.com

If you prefer, mail your document to:

ACT
c/o Summit Retirement Plan Services
Attn: Michael M. Spickard
13680 Cleveland Avenue NW
Uniontown, OH 44685

As members of the ACT, we greatly appreciate your assistance with this project.

Barbara Clark (510) 987-9761
Kathryn Kennedy (312) 427-2737; ext. 515
G. Daniel Miller (202) 887-5711
Susan Serota (212) 858-1125
Michael M. Spickard (330) 644-2044; ext 201
Marcia S. Wagner (617) 357-5200

August 18, 2009

1. Topic: Remedial and interim amendment requirements.

Use the following box to provide any observations, concerns, and suggested improvements you might have about the remedial and interim amendment requirements.

(If none, please skip to the next question.)

Topic: Remedial and interim amendment requirements. Use the following box to provide any observations, concerns, and suggested improvements you might have about the remedial and interim amendment requirements. (If none, please skip to the next question.)

2. Topic: Staggered timing of the current cycle filing process (for new plans and for restated plans).

Use the following box to provide any observations, concerns, and suggested improvements you might have about the staggered timing of the current cycle filing process for new plans and for restated plans.

(If none, please skip to the next question.)

Topic: Staggered timing of the current cycle filing process (for new plans and for restated plans). Use the following box to provide any observations, concerns, and suggested improvements you might have about the staggered timing of the current cycle filing process for new plans and for restated plans. (If none, please skip to the next question.)

3. Topic: The determination letter application process, including the time it takes to receive an approval letter.

Use the following box to provide any observations, concerns, and suggested improvements you might have about the determination letter application process, including the time it takes to receive an approval letter.

(If none, please skip to the next question.)

Topic: The determination letter application process, including the time it takes to receive an approval letter. Use the following box to provide any observations, concerns, and suggested improvements you might have about the determination letter application process, including the time it takes to receive an approval letter. (If none, please skip to the next question.)

4. Topic: Experience with IRS personnel who review the plan filings.

Use the following box to provide any observations, concerns, and suggested improvements you might have about your experience with IRS personnel who review the plan filings.

(If none, please skip to the next question.)

Topic: Experience with IRS personnel who review the plan filings. Use the following box to provide any observations, concerns, and suggested improvements you might have about your experience with IRS personnel who review the plan filings. (If none, please skip to the next question.)

5. Topic: Any other input.

Please use this item to provide any other input you might have about your experience with the determination letter process as well as the plan amendment and restatement requirements.

Topic: Any other input. Please use this item to provide any other input you might have about your experience with the determination letter process as well as the plan amendment and restatement requirements.

6. Please indicate the type of organization for whom you work or that you represent.

Please indicate the type of organization for whom you work or that you represent. Benefits attorney

Consultant

Employer

M&P provider

Third-party administrator

Other type of organization, if not marked above (note: not the name of your organization)

7. Would you would be willing to participate in further discussion by conference call?

If so, please provide contact information in item 9, below.

Would you would be willing to participate in further discussion by conference call? If so, please provide contact information in item 9, below. No

Yes

8. Would you would be willing to participate in further discussion by attending a stakeholders' meeting in Washington DC in October 2009 or January 2010?

If so, please provide contact information in item 9, below.

Would you would be willing to participate in further discussion by attending a stakeholders' meeting in Washington DC in October 2009 or January 2010? If so, please provide contact information in item 9, below. No

Yes

9. Please provide your contact information if you wish to participate further in either a conference call or a Washington, D.C. meeting.

For all others, entering your contact information is optional.

Please provide your contact information if you wish to participate further in either a conference call or a Washington, D.C. meeting. For all others, entering your contact information is optional. Your name
Your organization's name
Your email address
Any other contact information you'd like to provide

THANK YOU very much for participating in this survey!

[BenefitsLink.com prepared this form. For technical support, contact Dave Baker at davebaker@BenefitsLink.com or 828-587-6373 Eastern time. Special THANKS to the American Society of Pension Professionals and Actuaries (asppa.org), the National Institute of Pension Administrators (nipa.org), PLANSPONSOR.com, 401kHelpCenter.com, the International Foundation of Employee Benefit Plans (ifebp.org), the Bureau of National Affairs (bna.com), the Society for Human Resource Management (shrm.org) and Employee Benefit News (benefitnews.com) for helping to publicize this survey.]

1. Topic: Remedial and interim amendment requirements.Use the following box to provide any observations, concerns, and suggested improvements you might have about the remedial and interim amendment requirements.(If none, please skip to the next question.)

4. Topic: Experience with IRS personnel who review the plan filings.Use the following box to provide any observations, concerns, and suggested improvements you might have about your experience with IRS personnel who review the plan filings.(If none, please skip to the next question.)

5. Topic: Any other input.Please use this item to provide any other input you might have about your experience with the determination letter process as well as the plan amendment and restatement requirements.