SECTION 2. WHAT CHANGES

HAVE BEEN MADE TO THIS PROCEDURE?

.02 Part I of this revenue procedure contains instructions for requesting determination letters for various types of plans and transactions. Part II contains procedures for providing notice to interested parties and for interested parties to comment on determination letter requests. Part III contains procedures concerning the processing of determination letter requests and describes the effect of a determination letter.

In general .01 This revenue procedure is a general update of Rev. Proc. 2004–6, 2004–1 I.R.B 197, which contains the Service’s general procedures for employee plans determination letter requests. Many of the changes to Rev. Proc. 2004–6 involve minor revisions, such as updating citations to other revenue procedures.

Other changes .02 In addition, the following changes have been made:

(1) Section 6.05 is revised to clarify that a complete copy of the plan and trust is required to be submitted with a volume submitter determination letter application, except that a copy of the completed adoption agreement is required in the case of determination letters for adoption of a volume submitter plan as described in section 9.09(2)(d) where the employer has made no changes to the specimen plan and trust other than completing options permitted under the adoption agreement.

2005–1 I.R.B. 203 January 3, 2005

(2) Section 6.09 regarding general procedures for requesting determination letters is revised to add that the application must include a copy of the prior plan or adoption agreement and the opinion or advisory letter, if applicable, when a copy of the latest favorable determination letter is not available.

(3) Section 6.10 (referring to an extension of the GUST remedial amendment period for certain employers who adopted pre-approved plans) is deleted, since the GUST remedial amendment period has now expired. The subsequent subsections of section 6 are adjusted accordingly.

(4) Renumbered section 6.10 is revised to provide that stamped signatures are not acceptable on Form 8717.

(5) Section 7.02(2) is revised to delete the parenthetical regarding a collectively bargained ESOP.

(6) Section 7.04 is revised to add clarifying language on submission of a working copy and amendments.

(7) Section 9.13 is revised to provide that an application submitted by an employer with respect to an M&P plan will be treated as an application for an individually designed plan if it is executed prior to the time the M&P plan is approved.

(8) Section 10.02 is revised to clarify that a determination letter applicant for a multiple employer plan may request a letter for the plan in the name of the controlling member.

(9) Section 13 is revised to incorporate Rev. Rul. 2004–67, which clarifies and modifies Rev. Rul. 81–100 on group trusts.

(10) Section 15 is revised to incorporate new procedures with respect to waivers of the minimum funding standards.

Future guidance .03 Future guidance affecting this revenue procedure

Currently, the rules for the “pre-approval” of plans qualified under § 401 — the master and prototype (M&P) program and the volume submitter (VS) program — are in different revenue procedures. The VS rules are primarily set forth in section 9 of this revenue procedure and the M&P rules are primarily set forth in Rev. Proc. 2000–20. Announcement 2004–33, 2004–18 I.R.B. 862, contains a draft revenue procedure with the procedures for the pre-approval of such plans for both programs that is intended to be issued in the near future. The final revenue procedure will supersede and/or substantially modify portions of this Rev. Proc. 2005–6, including, in particular, sections 8 and 9.