Part II. Technical Provisions

This notice is to inform you that an application for an extension of an amortization period for unfunded liability under § 431(d) of the Internal Revenue Code (Code) and § 304(d) of ERISA will be submitted by [INSERT APPLICANT’S NAME] to the Internal Revenue Service (IRS) for the [INSERT PLAN NAME] for the plan year beginning [INSERT DATE].

The IRS will grant an automatic extension if the plan’s actuary certifies that the plan’s funded status meets certain standards described in § 431(d)(1) of the Code. The IRS may also grant an alternative extension if it determines (A) that the extension would carry out the purposes of ERISA and the Pension Protection Act of 2006 and would provide adequate protection for participants, and (B) that failure to permit the extension would result in substantial risk to the continuation of the plan, and would be adverse to the interests of the plan participants in the aggregate. The plan is applying for (check one or both, as appropriate):

an automatic extension, and/or

an alternative extension.

The IRS has received a copy of this notice. The IRS will consider any relevant information that it receives concerning the application for an extension. Any additional information that you may have should be submitted using the attached Comment and IRS Acknowledgment Sheet. You may send this information to the following address:

Director, Employee Plans Internal Revenue Service Attn: SE:T:EP:RA:T:A2 1111 Constitution Avenue, N.W. Washington, D.C. 20224

2010–52 I.R.B. 932 December 27, 2010

If you intend to submit comments, any such information should be submitted as soon as possible after you receive this notice. Due to the disclosure restrictions of § 6103 of the Code, the IRS cannot provide any information with respect to the extension application itself. In particular, the IRS cannot disclose that it has received such a ruling request. As a result, the only response the IRS can make to any information you send is an acknowledgement that it has received your comments. Therefore, the IRS will respond to your letter only if you include a completed acknowledgement sheet as given below in Part IV of this notice.