SECTION 21. DISCONTINUED PLANS

.01 Notification to the IRS . A Provider must notify the IRS in writing if a Pre-approved Plan is no longer in use by any Adopting Employer or the Provider intends to discontinue the plan. The

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written notification must be sent to the address set forth in section 24 and must refer to the file folder number appearing on the latest Opinion Letter issued.

.02 Notification to Adopting Employers . A Provider that intends to discontinue sponsorship of a Pre-approved Plan that has one or more Adopting Employers must inform each Adopting Employer of the date on which the Provider will discontinue sponsorship and that the Adopting Employer’s plan will cease to be a Pre-approved Plan and will convert to an individually designed plan on that date. The Provider must also inform each Adopting Employer that, notwithstanding the Provider’s discontinuance of its sponsorship, if, by the end of the calendar year following the calendar year in which the Provider discontinues sponsorship of the plan, the Adopting Employer adopts another Pre-approved Plan and the effective date of the adoption is made retroactive to the date of the discontinued sponsorship, then the Adopting Employer’s plan will be treated as though it had not ceased to be a Pre-approved Plan.