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Cypen & Cypen
NOVEMBER 7, 2008

Stephen H. Cypen, Esq., Editor


As we anticipated (see C&C Newsletter for October 30, 2008, Item 1), Internal Revenue Service will modify filing cycle for governmental plans under the Staggered Remedial Amendment Program. According to a Special Edition of the Employee Plans News dated November 5, 2008, Internal Revenue Service is implementing a one-time modification of the Staggered Remedial Amendment Program to permit sponsors of governmental plans to submit for determination letters during either Cycle C (January 31, 2009) or Cycle E (January 31, 2011). As a result of continuing discussions with the governmental plans community, IRS has previously modified a number of rules and procedures applicable to its determination letter program for governmental plans. Some of the changes include:

  • Not requiring a single restated plan document under certain circumstances.
  • Allowing the governmental plan sponsor to submit a summary of all amendments made prior to those reflected in the current version of the plan.
  • Requiring a governmental plan sponsor to verify timely adoption of only certain plan amendments.
  • Eliminating the requirement to provide a redlined version of the plan document comparing the old document to the current document.

Although the foregoing changes have made it easier for sponsors of governmental plans to file for a determination letter, nevertheless, IRS has learned of a number of obstacles beyond the direct control of the party responsible for filing the determination letter application (including the process of having funds appropriated for filing). Accordingly, IRS is implementing a one-time modification of the staggered remedial amendment program for these filers. The complete IRS Special Edition can be accessed at the following link:

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Items in this Newsletter may be excerpts or summaries of original or secondary source material, and may have been reorganized for clarity and brevity. This Newsletter is general in nature and is not intended to provide specific legal or other advice.

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