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CCH® PENSION — 01/29/10

Cycle D submission period ends on February 1, 2010

Because January 31, 2010 is a Sunday, the deadline for Cycle D determination letter applications is extended to Monday, February 1, 2010, the IRS has advised.

An individually designed plan is in Cycle D if the plan is a multiemployer plan or the plan is a single-employer plan, and the last digit of the plan sponsor's employer identification number is 4 or 9.

The 12-month submission period for determination letters for Cycle D plans is February 1, 2009 - January 31, 2010. However, because January 31, 2010, is a Sunday, the submission period is extended to the next workday, making Monday, February 1, 2010, the last day to submit applications.

The IRS notes that this extension does not affect the special rule allowing certain Cycle D plans to make a one-time election to file under Cycle E. Under that special rule, set out in Notice 2008-108, if a Cycle D plan's plan year ends on or after February 1, 2010, the plan sponsor may elect to postpone submitting the plan for a determination letter beyond the end of the Cycle D submission period. This would be a one-time election to treat the plan as a Cycle E plan only for this current cycle. A plan sponsor makes this election by submitting a determination letter application during the Cycle E submission period that runs from February 1, 2010 to January 31, 2011. If a filer meeting the conditions of Notice 2008-108 to elect Cycle E decides to file on the first day of the Cycle E submission period (February 1, 2010), the IRS requests that the filer note this on a cover letter or on the application.

Source: IRS Employee Plans News, Special Edition, January 2010.

For more information on this and related topics, consult the CCH Pension Plan Guide, CCH Employee Benefits Management, and Spencer's Benefits Reports.

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