SECTION 12. TERMINATING PLANS

The termination of a plan ends the remedial amendment cycle for the plan. Accordingly, any retroactive remedial plan amendments or other required plan amendments for a terminating plan must be adopted in connection with the plan ter

Initial EGTRRA application due — Next application due —

Sponsors: February 1, 2005, through January 31, 2006

Mass Submitters: February 1, 2005, through October 31, 2005

February 1, 2011, through January 31, 2012

February 1, 2011, through October 31, 2011

2004–40 I.R.B. 577 October 4, 2004

(2) Defined benefit plans

Initial EGTRRA application due — Next application due —

Sponsors: February 1, 2007, through January 31, 2008

Mass Submitters: February 1, 2007, through October 31, 2007

.02 An opinion or advisory letter that is issued for a pre-approved plan that is timely submitted in accordance with the preceding schedule will take into account and may be relied on with respect to the changes in qualification requirements and guidance changes listed in the Cumulative List of Changes in Plan Qualification Requirements that is published in the year before the year the filing of applications is accepted for the cycle.

.03 When the review of a cycle for a pre-approved plan has neared completion (after approximately a two-year review process), the Service will publish an announcement providing the date by which adopting employers must adopt the newly approved plans. This will be a uniform date that will apply to all adopting employers. It is expected that this date will give virtually all sponsors a two-year window for employers to adopt their updated plan. For purposes of this revenue procedure, an adopting employer means an employer who satisfies the requirements described under section 15.

.04 An adopting employer that adopts the approved M&P or volume submitter plan by the announced deadline will have adopted the plan within the employer’s six-year remedial amendment cycle. The announced deadline will be the end of the plan’s remedial amendment cycle with respect to all disqualifying provisions for which the remedial amendment period would otherwise end during the cycle.

.05 The Service may revise the schedule described in this section as needed to respond to changing circumstances and needs of plan sponsors.