IRS Announces Opening of EGTRRA Determination Letter Program

March 29, 2010 ( - The IRS has announced it will soon issue opinion and advisory letters for pre-approved defined benefit plans that have been restated for Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) and the guidance on the 2006 Cumulative List.

According to IRS Announcement 2010-20, the letters are expected to go out on March 31, 2010, or in some cases, as soon as possible thereafter.  A plan that receives a favorable letter with respect to its restatement for EGTRRA and the 2006 Cumulative List is referred to as an “EGTRRA-approved plan.”        

Employers using these pre-approved plan documents to restate a plan for EGTRRA and the 2006 Cumulative List will be required to adopt the EGTRRA-approved plan document by April 30, 2012.  The Service will accept applications for individual determination letters submitted by adopters of these pre-approved plans starting on May 1, 2010.