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CCH® PENSION AND BENEFITS — 1/28/08

Cycle C determination letter submission period begins on Feb. 1, 2008

The Cycle B determination letter submission program will end on January 31, 2008 and the Cycle C submission period will begin on February 1, 2008, the IRS has reminded plan sponsors. Under the staggered remedial amendment procedures set out in Rev. Proc. 2007-44 (CCH Pension Plan Guide 17,299S-25 ), sponsors of individually designed plans must submit applications for determination letters in five-year cycles, based on the Employer Identification Number (EIN) used on the Form 5500.

Cycle B period ends January 31, 2008

The IRS will accept applications for determination letters for Cycle B individually designed defined benefit and defined contribution plans postmarked no later than January 31, 2008. Cycle B submitters are those plans sponsored by an employer with an EIN ending in “2” or “7” as well as multiple employer plans. The applications will be reviewed taking into account the requirements of EGTRRA and other changes in qualification requirements and guidance identified in the 2006 Cumulative List published in Notice 2007-3 (CCH Pension Plan Guide 17,135N ). The IRS advises sponsors that Cycle B submissions will be required to follow the procedures outlined in Rev. Proc. 2007-6 (CCH Pension Plan Guide 17,299S-6 ) which does not require the submission of a redlined plan document.

Cycle C period begins February 1, 2008

The IRS will begin accepting determination letter applications for individually designed defined benefit and defined contribution plans for Cycle C as of February 1, 2008. Cycle C submitters are those plans sponsored by an employer with an EIN ending in “3” or “8” and governmental plans, including governmental multiemployer and multiple employer plans. The applications will be reviewed taking into account the requirements of EGTRRA and other changes in qualification requirements and guidance identified in the 2007 Cumulative List published in Notice 2007-94 (CCH Pension Plan Guide 17,137P ). The IRS advises sponsors that Cycle B submissions will be required to follow the procedures outlined in Rev. Proc. 2008-6 (CCH Pension Plan Guide 17,299S-56 ).

The IRS cautions sponsors to make sure that their plan is submitted within the appropriate cycle, unless they wish to submit an “off-cycle” filing. For instance, Cycle C plans should not begin to submit applications until February 1, 2008 and no later than January 31, 2009.

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