SECTION 24. REMEDIAL

AMENDMENT PERIOD

.01 Rev. Proc. 2007–44 contains the IRS’s procedures for issuing letters for pre-approved plans under a regular, sixyear remedial amendment cycle and individually designed plans under a staggered five-year remedial amendment cycle. It explains the conditions under which an adopting employer that timely adopts a pre-approved plan will be treated as having adopted the plan within the employer’s six-year remedial amendment cycle, and which Cumulative List will apply in

the case of plans that become individually designed under the circumstances described in section 24.02.

.02 An employer that has adopted a M&P plan or a VS specimen plan may have modified the plan in such a way that the plan, as adopted by the employer, would not be considered a M&P plan or a VS plan. The effect of employer amendments or the adoption of an individually designed plan on employers eligible for the six-year remedial amendment cycle is described in section 19 of Rev. Proc. 2007–44. .03 In addition to the provisions described in section 19 of Rev. Proc. 2007– 44, the IRS may in its discretion determine that a plan is an individually designed plan that will not receive an extended remedial amendment cycle, due to the nature and extent of the amendments.