SECTION 3. CHANGES TO

REVENUE PROCEDURE 2011–49

.01 Section 4 is modified to include definitions for ESOPs and cash balance plans.

.02 Section 4.07 is modified to reduce the required number of adopting employers necessary to qualify as a sponsor from 30 to 15 and to provide that if a sponsor requests an opinion letter for more than one basic plan document it must represent to the IRS that it has at least 30 employerclients in the aggregate, each of which is expected to adopt at least one of the sponsor’s basic plan documents. The 30 unaffiliated sponsor requirement included in the definition of M&P Mass Submitter in section 4.08 has been retained.

.03 Section 5 is modified to set forth additional provisions required by M&P ESOPs and cash balance plans, as provided in section 5.15 and 5.16, respectively. ² In addition, section 15.13 is modified with regard to the eligibility of employees to participate in an ESOP.

.04 Section 6.03(4) is deleted and replaced with section 6.03(4) and (5) in order to allow sponsors to request opinion letters for ESOPs and to set forth the specific areas for which opinion letters

will not be issued for ESOPs. The remaining paragraphs in section 6.03 have been renumbered to reflect these changes.

.05 Section 6.03(6) is deleted and replaced with section 6.03(7) in order to allow sponsors to submit cash balance plans to the IRS and request opinion letters for plans containing these features and to set forth specific areas for which opinion letters will not be issued for cash balance plans.

.06 Section 7.04 is modified to eliminate the requirement that requests for opinion letters for defined benefit plans containing integrated and nonintegrated features must be submitted as separate filings.

.07 Section 13 is modified to make the qualification requirements for a VS Mass Submitter consistent with those of a M&P Mass Submitter.

.08 Section 13 is modified to include definitions for ESOPs and cash balance plans.

.09 Section 13.04 is modified to allow the submission for a VS plan to contain up to ten related trusts for approval for each basic plan document, without an additional user fee.

.10 Section 13.05 is modified to reduce the required number of adopting employers necessary to qualify as a VS practitioner from 30 to 15 and to provide that if a VS practitioner requests an advisory letter for more than one specimen plan document it must represent to the IRS that it has at least 30 employer-clients in the aggregate, each of which is expected to adopt at least one of the practitioner’s basic plan documents. The 30 unaffiliated sponsor requirement included in the definition of VS Mass Submitter in section 13.06 has been retained. .11 Section 14 is modified to set forth additional provisions required for VS ESOPs and cash balance plans, as provided in section 14.07 and 14.08, respectively. In addition section 14.02 is modified with regard to the eligibility of employees to participate in an ESOP.

.12 Section 16.03(4) is deleted and replaced with section 16.03(4) and (5) in order to allow VS practitioners to request

advisory letters for ESOPs and to set forth specific areas for which advisory letters will not be issued for ESOPS. The remaining paragraphs in section 16.03 have been renumbered to reflect these changes.

.13 Section 16.03(6) is deleted and replaced with section 16.03(7) in order to allow VS practitioners to submit cash balance plans to the IRS and request advisory letters for plans containing these features and to set forth specific areas for which advisory letters will not be issued for cash balance plans.

.14 Section 19 is revised to delineate the scope of an employer’s reliance on an opinion/advisory letter, pursuant to the changes to the determination letter program described in Ann. 2011–82.

.15 Section 23 is revised to extend the deadline for submitting on-cycle applications for opinion and advisory letters for pre-approved defined benefit plans for the plans’ second six-year remedial amendment cycle to October 30, 2015.