SECTION 6. PROTOTYPE SIMPLE

IRA PLAN PROGRAM

.01 New prototype program. The Service will issue an opinion letter on the form of a prototype SIMPLE IRA Plan submitted by a sponsoring organization or mass submitter (as these terms are defined in Rev. Proc. 87–50) provided that the requirements of § 408(p) and this section 6 are satisfied.

.02 User fees. The user fees and address for a SIMPLE IRA Plan prototype submission are the same as for a prototype simplified employee pension (SEP) submission, as listed in Rev. Proc. 97–8. .03 Sample language. Sample language that the Service finds acceptable for use in a SIMPLE IRA Plan may be obtained by writing to the address indicated in section 4.03.

.04 Application form. The Service anticipates that an application form will be developed to accommodate a request for an opinion letter on a SIMPLE IRA Plan. Until a new form is available, applicants must use Form 5306–SEP, Application for Approval of Prototype Simplified Employee Pension—SEP, writing ‘‘SIMPLE IRA Plan Request’’ on top of the form and answering all questions except 3, 7 and 8 (relating to items unique to SEPs).

.05 No opinion letters. The Service will not issue an opinion letter to a prototype sponsor for a SIMPLE IRA Plan that combines a SIMPLE IRA Plan and a SIMPLE IRA in the same document.