SECTION 18. OPENING OF

COMPLETE GUST PROGRAM FOR M&P PLANS AND VOLUME

SUBMITTER SPECIMEN PLANS; OTHER PROCEDURES RELATED TO GUST

.01 Opening of Complete GUST Program for M&P Plans / Delayed Submissions - Applications for opinion letters for M&P plans that are filed on or after May 8, 2000, will be reviewed taking into account all requirements of GUST, including those that are effective in plan years beginning after December 31, 1998, as well as the requirements of this revenue procedure. In Announcement 99–50, the Service announced that as of May 10, 1999, it was temporarily discontinuing the acceptance of applications for opinion and notification letters for M&P and regional prototype plans. Effective May 10, 1999, therefore, and until May 8, 2000, no applications for the approval of M&P plans (other than those plans submitted pursuant to subsection .02) may be submitted. Any application received on or after May 10, 1999, and prior to May 8, 2000 (other than those submitted pursuant to subsection .02) will be returned.

.02 Early Submission Period for Mass Submitters and National Sponsors - Mass submitters (as defined in section 4.10) and national sponsors (as defined in section 4.11) may submit applications for approval of M&P plans beginning April 7, 2000, and will not be subject to the delayed submission requirement of subsection .01. In the case of a national sponsor, each application submitted during this early submission period must be accompanied by the sponsor’s certification, made under penalty of perjury, that it maintains a list of adopting employers which establishes that the sponsor is a national sponsor as defined in section 4.11. The Service reserves the right to request a copy of such list in order to verify that these requirements have been met.

.03 Service to Mail Lists of Identical Adopters to Mass Submitters Approved Under Rev. Proc. 89–9 and Rev. Proc. 89–13 - Within 30 days after the effective date of this revenue procedure, the Service will mail to each person that was approved as a mass submitter under Rev. Proc. 89–9 or Rev. Proc. 89–13 a list of those sponsors that have previously adopted plans that are word-for-word identical to the mass submitter’s plans along with such plans’ file folder numbers. Mass submitters should use these

2000–6 I.R.B. 569 February 7, 2000

lists, in accordance with the instructions provided with such lists, in applying for opinion letters under this procedure with respect to these sponsors’ plans. These instructions will allow mass submitters to submit applications for opinion letters on behalf of the identical adopters without filing Form 4461-B.

.04 Treatment of In-Process Applications - As provided in Announcement 99–50, the Service will continue to process all M&P and regional prototype plan applications submitted before May 10, 1999, in accordance with the provisions of Rev. Procs. 89–9, 89–13, 98–14, and 98–53. Any letter issued to such a plan will not consider this revenue procedure or certain provisions of GUST that are effective after 1998. Alternatively, sponsors may withdraw any pending preMay 10, 1999-application relating to an M&P or regional prototype plan. In this case, the user fee will not be refunded. However, if a new application pertaining to the same plan is subsequently filed on or before December 31, 2000, the user fee for the new application will be waived. The sponsor should indicate on the face of the application form that the user fee is being waived pursuant to Announcement 99–50 and this revenue procedure. .05 Required Restatement of M&P Plans - M&P plans must be restated the first time they are submitted for GUST opinion letters under this revenue procedure. Amendments or working copies of plans in a restated format, in lieu of actual plan restatement, will not be accepted. However, restatement will not be required if the M&P plan was restated in connection with an application for an opinion letter under Rev. Proc. 98–14 and the plan received a favorable letter. Except as provided in section 16.04, the sponsor must highlight in the restated plan all changes that have been made to the last approved version of the plan.

.06 Completion of New Adoption Agreements for M&P Plans - Employers must complete new adoption agreements when M&P plans are restated for GUST. Part of the reason for this requirement is that employers must conform their adoption agreement choices to the operation of their plans during the GUST transition period. Except as provided in section 6, employers must also request new determination letters in order to have reliance as to

the qualified status of their M&P plans.

.07 Opening of Complete GUST Program for Volume Submitter Specimen Plans - The Service will begin to issue advisory letters for volume submitter specimen plans that take into account all of the requirements of GUST beginning March 8, 2000.