SECTION 23. EGTRRA

This revenue procedure announces the opening of the pre-approved plan programs. The Service will begin accepting applications for opinion and advisory letters for defined contribution pre-approved plans that take into account the requirements of the EGTRRA as well as other changes in qualification requirements and guidance beginning February 17, 2005. The submission period for these pre-approved plans will end January 31, 2006. The Service will announce the deadline for timely adoption by employers after the pre-approved documents have been reviewed. In addition, the Service intends to accept applications for determination letters for individually designed plans beginning on or after February 1, 2006, in accordance with a five-year staggered cycle, and applications for pre-approved defined benefit plans beginning February 1, 2007. The opening of these programs for individually designed plans and pre-approved defined benefit plans will be officially announced at a future date.

As noted in section 2.06, the Service published the 2004 Cumulative List in Notice 2004–84. The 2004 Cumulative List reflects law changes under EGTRRA with technical corrections made by JCWAA, as well as regulations and guidance published by the Service that are effective after December 31, 2001. (Prior law changes, as well as regulations and guidance, effective on or before December 31, 2001, should generally have been taken into account in the GUST opinion or advisory letters issued to pre-approved plans that were in existence prior to January 1, 2002.) The

ment) to determine whether they comply with the requirements of the DOL regulations. Also, any opinion or advisory letter issued for a pre-approved plan will not consider whether loan program procedures may, in the operation of the plan, have an adverse effect on the qualified status of the plan. However, the loan program procedures under the plan may not be inconsistent with the qualification requirements of § 401(a) of the Code.

.09 Nontransferability of Opinion and Advisory Letters - An opinion or advisory letter issued to a sponsor or VS practitioner is not transferable to any other entity. For this purpose, a change of employer identification number is deemed to be a change of entity.