SECTION 6. OPINION LETTERS —

SCOPE

.01 General Limits on Opinion Letters

• Opinion letters will be issued only to sponsors or M&P mass submitters. Opinion letters constitute determinations as to the qualification of the plans as adopted by particular employers only under the circumstances, and to the extent, described in section 19. In the case of prototype plans, opinion letters do not constitute rulings or determinations as to the exempt status of related trusts or custodial accounts.

.02 Nonapplicability of this Revenue Procedure to IRAs (including traditional IRAs, Roth IRAs, SEPS, and Simple IRAs) and section 403(b) Plans - Opinion letters will not be issued under this revenue procedure for prototype plans intended to meet the requirements for individual retirement arrangements under § 408 or for § 403(b) plans (see Rev. Proc. 87–50, 1987–2 C.B. 647; Rev. Proc. 97–29, 1997–1 C.B. 698; Rev. Proc. 98–59, 1998–2 C.B. 727; and Rev. Proc. 2010–48, 2010–50 I.R.B. 828). .03 Areas Not Covered by Opinion Letters - Opinion letters will not be issued for:

(1) Multiemployer plans; (2) Union plans (this does not preclude an M&P plan from covering employees of the employer who are included in a unit covered by a collective bargaining agreement or the adoption of an M&P plan pursuant to such agreement as a single-employer plan that covers only employees of the employer);

(3) Stock bonus plans; (4) Employee stock ownership plans; (5) Pooled fund arrangements contemplated by Rev. Rul. 81–100, 1981–1 C.B. 326 (as modified by Rev. Rul. 2004–67, 2004–2 C.B 28, and Rev. Rul. 2011–1, 2011–2 I.R.B. 251); (6) Applicable defined benefit plans within the meaning of § 411(a)(13)(C) (Hybrid Plans);

October 31, 2011 614 2011–44 I.R.B.