SECTION 7. APPLICATION

PROCEDURES FOR TVC

.01 In general. The procedures and submission requirements of Section 12 of Rev. Proc. 98–22 apply for purposes of TVC.

.02 Submission requirements. In addition to the submission requirements provided in Section 12.03 of Rev. Proc. 98– 22, an application under TVC must contain a statement that the employer has contacted all other entities involved with the plan and has been assured of cooperation in implementing the applicable correction, to the extent necessary. For example, if the plan’s failure is the failure to satisfy the requirements of § 403(b)(1)(E) on elective deferrals, the employer must, prior to making the TVC application, contact the insurance company or custodian with control over the plan’s assets to assure cooperation in effecting a distribution of the excess deferrals and the earnings thereon.

.03 Required documents. A TVC submission must be accompanied by the following documents:

(1) If applicable, the first two pages of the most recently filed Form 5500, or if inapplicable, the information generally included on the first two pages, including the name and number of the plan, and the employer’s Employer Identification Number.

(2) A statement as to the type of employer (e.g., a tax- exempt organization described in § 501(c)(3)) submitting the TVC application.

(3) A copy of the pertinent portions of any relevant § 403(b) documents such as plan documents, written descriptions of the plan, and sample salary reduction agreements.

(4) The letter to the Service requesting consideration under TVC must be designated “TVC PROGRAM.”

(5) TVC submissions must be mailed to the Closing Agreement Coordinator in the appropriate Key District Office as provided in Section 12.12 of Rev. Proc. 98–22. .04 Checklist. A checklist in Appendix B of Rev. Proc. 98–22 is provided for use by an employer in preparing a TVC request.