SECTION 5. RELIANCE

An employer entitled to rely on an opinion, notification, or determination letter will not lose reliance on the letter merely because of this amendment. Plans that are amended in accordance with section 3 of this revenue procedure will not cause the plan to lose its otherwise applicable extended reliance period under Rev. Procs. 89–9 and 89– 13, as modified by Rev. Proc. 93–9, or section 13 of Rev. Proc. 93–39.

DRAFTING INFORMATION

The principal author of this revenue procedure is Richard Wright of the Employee Plans Division. For further information regarding this revenue procedure, contact the Employee Plans Division’s telephone assistance service between 1:30 and 4:00 p.m., Eastern Time, Monday through Thursday on (202) 622–6074/6075 or Mr. Wright at (202) 622–6214. (These telephone numbers are not toll-free numbers.)

APPENDIX MODEL LANGUAGE

(Note to Sponsor: The following model amendment may be used to

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amend a profit-sharing or stock bonus plan to eliminate an optional form of benefit provided for in the plan on or before December 12, 1994, solely with respect to benefits attributable to assets and liabilities that have been transferred, within the meaning of § 414(l), from a money purchase pension plan (other than any portion of those assets and liabilities attributable to voluntary employee contributions) to the extent that the optional form permits distribution of those benefits prior to the employee’s retirement, death, disability or severance from employment, and prior to plan termination.)

This amendment is effective

. (For plans, other than those entitled to extended reliance as described in Rev. Rul. 94– 76, insert a date not later than the first day of the first plan year beginning on or after December 12, 1994, or, if later, 90 days after December 12, 1994. For plans entitled to extended reliance, see Rev. Rul. 94–76 for the permissible effective date.)

Notwithstanding any provision of this plan to the contrary, to the extent that any optional form of benefit under this plan permits a distribution prior to the employee’s retirement, death, disability, or severance from employment, and prior to plan termination, the optional form of benefit is not available with respect to benefits attributable to assets (including the post-transfer earnings thereon) and liabilities that are transferred, within the meaning of § 414(l) of the Internal Revenue Code, to this plan from a money purchase pension plan qualified under § 401(a) of the Internal Revenue Code (other than any portion of those assets and liabilities attributable to voluntary employee contributions).