SECTION 17. SCOPE OF REVIEW; TIMING OF ISSUANCE OF OPINION LETTERS

.01 Scope of review .

(1) In general . The IRS will review plans submitted during the Submission Period for a Cycle (as well as later identical adopter applications and applications that are filed after the Submission Period that the IRS will review in accordance with section 16) taking into account the applicable Cumulative List for the Cycle, as described in section 17.01(2). Generally, the IRS will consider only the items on the applicable Cumulative List for the Cycle in determining whether to issue an Opinion Letter for that Cycle. However, if a plan that has not been previously reviewed is submitted for a Cycle or a plan has been amended with respect to previously approved language, the IRS will also review the plan for items on earlier Cumulative Lists, as well as for any other relevant Qualification Requirements or Section 403(b) Requirements, as applicable, that were considered by the IRS in issuing Opinion Letters prior to the implementation of Cumulative Lists.

(2) Cumulative List . For each Cycle, the IRS intends to publish a Cumulative List in the IRB shortly before the start of the Cycle’s Submission Period. The Cumulative List for a Cycle sets forth specific items the IRS has identified for review in determining whether the form of a Preapproved Plan that has been submitted to the IRS for an Opinion Letter has been properly updated after the plan was submitted for an Opinion Letter for the preceding Cycle.

.02 Timing of issuance of Opinion Letters . The IRS intends to issue Opinion Letters for a Cycle to Mass Submitters and Providers at approximately the same time within the Cycle for applications submitted during the Cycle’s Submission Period (other than an application for a plan that includes Minor Modifications to a Mass Submitter plan). Prior to issuing Opinion Letters for a Cycle, the IRS will send a notification to the applicable Mass Submitter or Provider if the IRS determines that the plan appears to be in full compliance with the applicable Qualification Requirements or Section 403(b) Requirements, as applicable, based on the submission and the review as of the date of notification. However, this notification will only indicate that the plan appears to meet the applicable requirements under review as of the date of the notification. This notification is for the convenience of the applicable Mass Submitter or Provider concerning the status of its application and does not constitute an official Opinion Letter on which the Mass Submitter or Provider may rely. In addition, the IRS reserves the right to require changes after the notification is sent.