SECTION 7. EXAMPLES — Internal Revenue Bulletin 2003-38

.01 Assume an employer’s extended GUST remedial amendment period under Rev. Proc. 2000–20 ends on September 30, 2003, and the employer is required to file a determination letter application by then in order to meet the conditions for the extension. Provided the employer adopts its GUST-restated plan by September 30, 2003, a determination letter application for the plan that is filed by January 31, 2004, will be deemed to have been filed by September 30, 2003. Therefore, the plan will have met the conditions for the extended GUST remedial amendment period under Rev. Proc. 2000–20 and the period will be extended as provided in § 1.401(b)–1(e)(3). Therefore, assuming the issuance of a favorable determination letter, the GUST remedial amendment period for the plan will remain open through the 91 ^st day following the issuance of the letter. Thus, the employer will not be required to adopt plan amendments for the final and temporary regulations under § 401(a)(9), or any additional amendments required to be adopted as a condition of the favorable determination letter, prior

to the 91 ^st day following issuance of the letter.

.02 Assume the same facts, except the employer fails to adopt its GUST-restated plan by September 30, 2003. Provided the employer files a determination letter application by January 31, 2004, and includes payment of the $250 compliance fee required by section 6, the application will be deemed to have been filed by September 30, 2003, regardless of whether the plan submitted with the application is in adopted or proposed form. Therefore, the plan will have met the conditions for the extended GUST remedial amendment period under Rev. Proc. 2000–20 and the period will be extended as provided in § 1.401(b)–1(e)(3). Therefore, assuming the issuance of a favorable determination letter, the GUST remedial amendment for the plan will remain open through the 91 ^st

day following the issuance of the letter. Thus, the employer will not be required to adopt its proposed GUST amendments (if applicable), plan amendments for the final and temporary regulations under § 401(a)(9), or any additional amendments required to be adopted as a condition of the favorable determination letter, prior

2003-38 I.R.B. 581 September 22, 2003