SECTION 15. ELIGIBILITY FOR

SIX-YEAR AMENDMENT/APPROVAL CYCLE

.01 An employer’s plan is treated as a pre-approved plan and therefore will be eligible for the six-year amendment/ap

February 1, 2013, through January 31, 2014

February 1, 2013, through October 31, 2013

proval cycle if the following requirements are satisfied:

(1) Before the end of the employer’s five-year remedial amendment cycle as determined under Part I of this revenue procedure, the employer adopts a sponsor’s or practitioner’s approved (or interim) M&P plan or volume submitter specimen plan, or

(2) Before the end of the employer’s five-year remedial amendment cycle as determined under Part I of this revenue procedure, the employer and an M&P plan sponsor or volume submitter practitioner execute Form XXXX, Certification of Intent to Adopt Pre-approved Plan, and

(3) By the application deadline of January 31st of the calendar year following the calendar year opening of the six-year remedial amendment cycle, the sponsor or practitioner submits an application for an opinion or advisory letter for the M&P plan or volume submitter specimen plan

[as specified above] (even if the M&P plan or VS plan is an identical adoption of a mass submitter plan).

.02 If the preceding requirements found in section 15.01 are satisfied, the remedial amendment period for the plan will not expire before the end of the time period for adopting a pre-approved plan. By the end of the two-year adoption period as set forth by the Service, the employer must amend or restate its plan by adopting any pre-approved plan or individually designed plan, and if required for reliance, request a determination letter.

.03 If an employer who properly certified, prior to the end of its remedial amendment cycle, its intent to adopt a pre-approved plan but failed to adopt any pre-approved plan or individually designed plan that has been updated for all laws up to and including the applicable Cumulative List within the two-year deadline set forth by the Service and is unable to utilize its five-year remedial amendment cycle, then

the adopting employer may be eligible for Employee Plans Compliance Resolution System (EPCRS).

.04 Change in Plan Status: (1) If the status of a plan has changed due to the adoption of a different plan, the adoption and restatement of a plan, the adoption of a plan amendment or certification of intent to adopt a pre-approved plan, then the remedial amendment cycle will generally be based upon the plan’s status after the change except where substantial changes were found to be made to a volume submitter plan; the six-year remedial amendment cycle will be used for application filing purposes.

(2) Except as stated in section 15.02, an employer who adopts an individually designed plan but who previously adopted a pre-approved plan will have a remedial amendment cycle for such plan which is determined under Part I of this revenue procedure.

Example 5: Employer X whose TIN ends with an 8 maintains Plan M. Plan M is a defined contribution plan and is an adoption of a pre-approved plan as of 2002. Assuming the pre-approved plan is timely submitted for EGTRRA update by the sponsor/practitioner on or before January 31, 2006, Employer X will have until January 31, 2010, to adopt the EGTRRA approved version of the pre-approved plan and have such adoption be considered timely under section 401(b) of the Code.

In 2007, Employer X decides the pre-approved plan it is using for purposes of Plan M no longer offers the flexibility it desires to provide the retirement benefits it wishes to its employees. As a result, Employer X restates Plan M in 2007 into an individually designed plan document. The result of this change in plan status in 2007 is that the EGTRRA remedial amendment period for the plan is no longer January 31, 2010, but is now January 31, 2009. (3) An employer that amends any provision of an approved M&P plan including its adoption agreement (other than to change the choice of options, if the plan permits or contemplates such a change) is considered to have adopted an individually designed plan. The remedial amendment cycle in which the employer impermissi

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bly amends the M&P plan will remain the six-year remedial amendment cycle. However, the subsequent remedial amendment period is the five-year remedial amendment cycle as determined under Part I of this revenue procedure.

Example 6: Employer Y whose TIN ends with an 8 maintains Plan N. Plan N is a defined contribution plan and is an adoption of an M&P plan as of 2002. Assume the M&P plan is timely submitted for EGTRRA update by the sponsor/practitioner on or before January 31, 2006, and receives an opinion letter for such update dated January 31, 2008. This gives Employer Y until January 31, 2010, to adopt the EGTRRA approved version of the M&P plan and have such adoption be considered timely under section 401(b) of the Code.

On November 15, 2009, as part of adopting the EGTRRA approved version of the M&P plan Employer Y adopts an amendment to the approved M&P plan which alters or modifies the pre-approved provisions of the M&P plan. Thus, Employer Y’s adoption of the M&P plan is no longer word-for-word identical. The result of this modification by Employer Y is that Plan N is now considered to be an adoption of an individually designed plan. When Employer Y submits Plan N for a determination letter by January 31, 2010, using Form 5300, Application for Determi- nation for Employee Benefit Plan, the favorable determination letter will be stamped with an expiration date determined in accordance with Part I. In other words, Plan N’s next remedial amendment cycle will be that of an individually designed plan and will expire on January 31, 2014.

(4) An employer that makes a substantial change to an approved volume submitter plan is considered to have adopted an individually designed plan solely for application filing purposes. The Service reserves the right to determine when the deviations from the language of the approved specimen plan is a substantial change and therefore requires an adopting employer to file a Form 5300. The remedial amendment cycle in which the substantial change was made and subsequent remedial amendment cycles will remain the six-year remedial amendment cycle.

Example 7: Employer Z whose TIN ends with an 8 maintains Plan O. Plan O is a defined contribution plan and is an adoption of a volume submitter plan as of 2002. The volume submitter specimen plan is timely submitted for EGTRRA update by the sponsor/practitioner on or before January 31, 2006, and receives an advisory letter for such update dated January 31, 2008. Employer Z has until January 31, 2010, to adopt the EGTRRA approved version of the volume submitter plan and to have such adoption be considered timely under IRC section 401(b).

On November 15, 2009, as part of adopting the EGTRRA approved version of the volume submitter plan, Employer Z alters or modifies the pre-approved provisions of the volume submitter plan. Thus, Employer Z’s adoption of the volume submitter plan is

not word-for-word identical to the approved volume submitter specimen plan. When Employer Z submits Plan O for a determination letter by January 31, 2010, using Form 5307, Application for Determination for Adopters of Master or Prototype or Volume Submit- ter Plans, the Service specialist working the determination letter application determines the modification is not compatible with the purpose of the volume submitter program and requires Employer Z to re-file its determination letter application using Form 5300, Application for Determination for Employee Benefit Plan, and pay the higher user fee. Although the Service specialist working Plan O’s determination letter application has required it to be filed on the form applicable to that of an individually designed plan, Plan O’s next remedial amendment cycle will continue to be determined under this Part II.