IRS EXTENDS EMPLOYEE PLAN ADOPTION AND SUBMISSION DEADLINES.

Rev. Proc. 95-12

                           TABLE OF CONTENTS

.01 This revenue procedure extends the deadline for employers to adopt certain regional prototype, master and prototype (M&P), and volume submitter plans that comply with the requirements of the Tax Reform Act of 1986, Pub. L. 99-514, and other later changes in the law. It also extends the deadline for employers to request determination letters for plans that are timely amended to comply with these changes in the law. These extensions were previously announced in Announcement 94-136, 1994-49 IRB 14.

.02 The Service is providing these extensions in order to:

(1) Guarantee adopters of regional prototype, M&P, and volume submitter plans filed with the Service by June 30, 1994, that they will have at least six months to adopt the approved plans, provided they take steps, generally by December 31, 1994, showing that they intend to adopt such plans.

(2) Give employers maintaining plans with TRA '86 remedial amendment periods, as defined below, that expire before April 1, 1995, an additional three months to prepare and file determination letter applications, provided they adopt amendments by the end of their TRA '86 remedial amendment periods.

.03 This revenue procedure explains the interaction of the above extensions with the requirements that an employer must satisfy in order to obtain a determination letter that provides extended reliance.

.04 This revenue procedure also provides instructions to employers that avail themselves of the above extensions regarding information required to be submitted with a determination letter application as evidence of timely adoption of amendments.

.05 Finally, this revenue procedure modifies Rev. Proc. 94-13 to provide that plans need not be amended to comply with the requirements of the Omnibus Budget Reconciliation Act of 1993 (OBRA '93), Pub. L. 103-66, until, generally, the later of the last day of the 1994 plan year or the time prescribed by law (including extensions) for filing the income tax return (or partnership return of income) for the employer's taxable year that includes the first day of the 1994 plan year.

SECTION 2. BACKGROUND

.01 THE TRA '86 REMEDIAL AMENDMENT PERIOD.

(1) Generally, under section 401(b) of the Code and the regulations thereunder, plans must be amended to comply with TRA '86 by the end of the "TRA '86 remedial amendment period," as defined below. For this purpose, TRA '86 includes the Tax Reform Act of 1986 and subsequent legislation that changed the qualification requirements of the Code, up to and including the Unemployment Compensation Amendments of 1992 (UCA), Pub. L. 102-318. (See section III of Notice 92-36, 1992-2 C.B. 364, and section II.B of Rev. Proc. 94-13, 1994-1 C.B. 566.) See section 2.07 and section 7 regarding the time by which plans must be amended to comply with the requirements of OBRA '93.

(2) Notice 92-36 extended the remedial amendment period under section 401(b) of the Code for amending plans to comply with TRA '86 to the last day of the first plan year beginning on or after January 1, 1994. It also extended the remedial amendment period to the last day of the 1994 plan year for new plans adopted or existing plans amended after December 31, 1987, that fail to satisfy the qualification requirements of section 401(a) or section 403(a) of the Code as of the date the plan or amendment is adopted or effective (whichever is earlier). Of course, the extension for new plans adopted or existing plans amended after December 31, 1987, applies only to plans whose remedial amendment period would otherwise expire before the last day of the 1994 plan year.

(3) In the case of plans maintained by tax-exempt organizations, Notice 92-36 extended the remedial amendment period to the last day of the first plan year beginning on or after January 1, 1996. For governmental plans, Notice 92-36 extended the remedial amendment period to the last day of the first plan year beginning on or after the later of January 1, 1996, or 90 days after the opening of the first legislative session beginning on or after January 1, 1996, of the governing body with authority to amend the plan, if that body does not meet continuously.

(4) Except as otherwise provided below, the remedial amendment periods described in the two preceding paragraphs are referred to collectively in this revenue procedure as the "TRA '86 remedial amendment period."

.02 INDIVIDUALLY DESIGNED PLANS (INCLUDING VOLUME SUBMITTER PLANS). The rules described in section 2.01 apply to all individually designed plans, including plans that are adoptions of volume submitter plans described in section 8 of Rev. Proc. 94-6, 1994-1 C.B. 510.

.03 REGIONAL PROTOTYPE PLANS. Rev. Proc. 89-13, 1989-1 C.B. 801, contains the Service's procedures for issuing notification letters for regional prototype plans. Section 15.03 of Rev. Proc. 89-13 (as modified by Notice 90-73, 1990-2 C.B. 353) provides a special procedure for extending the remedial amendment period pending issuance of a TRA '86 notification letter. This special procedure operates as follows. If a regional prototype plan was submitted for a TRA '86 notification letter by March 31, 1991, and the notification letter has not been issued as of the 30th day preceding the end of the TRA '86 remedial amendment period, the period may be extended through the 60th day following issuance of the notification letter. Rev. Proc. 89-13 conditions the availability of this extension on the employer's and regional prototype sponsor's written certification, made before the end of the TRA '86 remedial amendment period, regarding the employer's intent to adopt the sponsor's TRA '86- approved regional prototype plan. Rev. Proc. 89-13 does not provide for an extension of the TRA '86 remedial amendment period if the regional prototype plan was submitted for a TRA '86 notification letter after March 31, 1991. In this case, the employer must generally adopt the plan and, if required for reliance, request a determination letter by the end of the TRA '86 remedial amendment period.

.04 M&P PLANS. Rev. Proc. 89-9, 1989-1 C.B. 780, contains the Service's procedures for issuing opinion letters for M&P plans. Under section 13 of Rev. Proc. 89-9 (as modified by Notice 90-73), an employer that adopts an M&P plan that is a replacement plan (as defined in section 3.10 of Rev. Proc. 89-9), and that was submitted for a TRA '86 opinion letter by March 31, 1991, generally has continued or interim reliance. This reliance gives the employer at least twelve months from the date the Service issues a TRA '86 opinion letter with respect to the plan to adopt the plan. If the M&P plan is not a replacement plan, however, or if it was submitted for a TRA '86 opinion letter after March 31, 1991, the employer must generally adopt the plan and, if required for reliance, request a determination letter by the end of the TRA '86 remedial amendment period.

.05 DETERMINATION LETTER APPLICATIONS THAT EXTEND THE REMEDIAL AMENDMENT PERIOD/PROPOSED AMENDMENTS. Section 1.401(b)-1(d)(3) of the Income Tax Regulations provides that the filing of a determination letter request on or before the end of a remedial amendment period will extend the period until the expiration of 91 days after the date of final disposition by the Service, withdrawal of the request, or the date on which a decision of the United States Tax Court regarding a timely filed petition for declaratory judgement becomes final. Accordingly, if a determination letter application is filed on or before the end of a remedial amendment period, amendments that are included with the application may be submitted in proposed form and need not be adopted before filing the determination letter application. Of course, all amendments needed to qualify the plan must then be adopted by the time described in section 1.401(b)- 1(d)(3) of the regulations.

.06 EXTENDED RELIANCE.

(1) Rev. Proc. 93-39, 1993-2 C.B. 513, contains procedures of the Service relating to the issuance of determination letters on the qualified status of plans under sections 401(a) and 403(a) of the Code as amended by TRA '86. Section 13 of Rev. Proc. 93-39 generally provides that employers that request TRA '86 determination letters for individually designed plans on or before June 30, 1994, will be entitled to extended reliance on their letters. Extended reliance generally means that the plan does not have to comply in form or in operation with subsequent Treasury regulations or other administrative guidance of general applicability issued by the Service until the 1999 plan year, although earlier compliance may be required in the event of subsequent legislation, or in other limited circumstances.

(2) Announcement 94-85, 1994-26 I.R.B. 23, extended the determination letter application submission deadline for extended reliance to December 31, 1994, for employers adopting volume submitter plans. This extension applies only if the practitioner has requested a TRA '86 advisory letter for the specimen plan from the Key District Office in which the practitioner has its principal place of business by June 30, 1994.

(3) Under section 15.02 of Rev. Proc. 89-13 and section 17.03 of Rev. Proc. 89-9 (each as modified by Notice 90-73, 1990-2 C.B. 353, and Rev. Proc. 93-9, 1993-1 C.B. 474), an employer that adopts a regional prototype or M&P plan that was submitted (or deemed submitted) for a TRA '86 notification or opinion letter on or before March 31, 1991, and subsequently approved, is also entitled to extended reliance on a determination letter that is issued for the plan (or on the TRA '86 notification or opinion letter, if applicable). Thus, for adopters of regional prototype and M&P plans, eligibility for extended reliance is conditioned on the regional prototype or M&P plan sponsor's submission of the plan by the March 31, 1991, deadline and not on the employer's adoption of the plan or submission of a determination letter application by a particular deadline.

.07 AMENDMENT DEADLINES FOR OBRA '93.

(1) Rev. Proc. 94-13 provides that the definition of disqualifying provision under section 1.401(b)-1(b)(2)(ii) of the regulations includes a plan provision (or the absence of a plan provision) that causes a plan to fail to satisfy the qualification requirements of the Code because of changes to section 401(a)(17) of the Code made by OBRA '93. Rev. Proc. 94-13 provides that plans that do not satisfy the requirements of section 401(a) or section 403(a) of the Code because of such a disqualifying provision may be retroactively amended to meet such requirements at any time up to and including the last day of the 1994 plan year. Rev. Proc. 94-13 also provides that a later amendment date applies in the case of governmental plans and plans maintained by tax-exempt organizations.

(2) OBRA '93 provides a special effective date with respect to the change to section 401(a)(17) of the Code for plans maintained pursuant to collective bargaining agreements ratified before August 10, 1993. (See section 13212(d)(2) of OBRA '93 and section 1.401(a)(17)-1(d)(2)(ii) of the regulations). Rev. Proc. 94-13 provides that such plans need not be amended to comply with the requirements of OBRA '93 before the last day of the first plan year in which the OBRA '93 provisions are effective for such plans.

SECTION 3. EXTENSION OF THE TRA '86 REMEDIAL AMENDMENT PERIOD FOR REGIONAL PROTOTYPE, M&P, AND VOLUME SUBMITTER PLANS

.01 REGIONAL PROTOTYPE PLANS.

(1) Section 15.03 of Rev. Proc. 89-13 is hereby modified to provide that the TRA '86 remedial amendment period for employers adopting regional prototype plans will not expire before the end of the sixth month beginning after the date on which a favorable TRA '86 notification letter is issued for the plan. This extension will be available only if all of the following requirements are satisfied:

(a) the regional prototype plan was submitted for a TRA '86 notification letter before July 1, 1994;

(b) a favorable TRA '86 notification letter for the plan was not issued before July 1, 1994;

(c) the employer and the regional prototype plan sponsor execute a written certification before the expiration of the TRA '86 remedial amendment period (determined without regard to this extension) of the employer's intent to adopt the TRA '86-approved regional prototype plan; and

(d) the employer adopts such plan (or another TRA '86-approved regional prototype, M&P, or volume submitter plan, or individually designed TRA '86 amendments) and, if required for reliance, requests a determination letter by the end of the TRA '86 remedial amendment period as herein extended.

(2) The first requirement in the preceding sentence will be deemed to be satisfied if (a) the regional prototype plan is an adoption of a mass submitter regional prototype plan that was submitted to the Service before July 1, 1994, and (b) the TRA '86 notification letter application for the regional prototype plan is filed with the Service, in accordance with section 9 of Rev. Proc. 89-13, on or before the later of December 31, 1994, or the date that is 90 days after the date on which a favorable TRA '86 notification letter is issued for the mass submitter regional prototype plan.

(3) If an employer and a regional prototype plan sponsor execute a written certification before the expiration of the TRA '86 remedial amendment period (determined without regard to this extension) of the employer's intent to adopt the TRA '86-approved regional prototype plan, and the regional prototype plan sponsor subsequently withdraws the TRA '86 notification letter application or receives an unfavorable letter, the TRA '86 remedial amendment period will then be extended to the end of the sixth month beginning after the date of withdrawal or the date of the unfavorable notification letter.

(4) Section 6 of this revenue procedure provides additional instructions regarding the certification referred to above.

.02 M&P PLANS.

(1) Section 13 of Rev. Proc. 89-9 is hereby modified to provide that the TRA '86 remedial amendment period for employers adopting M&P plans that are not replacement plans, or that were submitted for TRA '86 opinion letters after March 31, 1991, will not expire before the end of the sixth month beginning after the date on which a favorable TRA '86 opinion letter is issued for the plan. This extension will be available only if all of the following requirements are satisfied:

(a) the M&P plan was submitted for a TRA '86 opinion letter before July 1, 1994;

(b) a favorable TRA '86 opinion letter for the plan was not issued before July 1, 1994;

(c) the employer and the M&P plan sponsor execute a written certification before the expiration of the TRA '86 remedial amendment period (determined without regard to this extension) of the employer's intent to adopt the TRA '86-approved M&P plan; and

(d) the employer adopts such plan (or another TRA '86-approved M&P, regional prototype, or volume submitter plan, or individually designed TRA '86 amendments) and, if required for reliance, requests a determination letter by the end of the TRA '86 remedial amendment period as herein extended.

(2) The first requirement in the preceding sentence will be deemed to be satisfied if (a) the M&P plan is a word-for-word identical or minor modification adoption (within the meaning of section 18.032 of Rev. Proc. 89-9) of a mass submitter plan that was submitted to the Service before July 1, 1994, and (b) the TRA '86 opinion letter application for the M&P plan is filed with the Service, in accordance with section 18 of Rev. Proc. 89-9, on or before the later of December 31, 1994, or the date that is 90 days after the date on which a favorable TRA '86 opinion letter is issued for the mass submitter plan.

(3) If an employer and an M&P plan sponsor execute a written certification before the expiration of the TRA '86 remedial amendment period (determined without regard to this extension) of the employer's intent to adopt the TRA '86-approved M&P plan, and the M&P plan sponsor subsequently withdraws the TRA '86 opinion letter application or receives an unfavorable letter, the TRA '86 remedial amendment period will then be extended to the end of the sixth month beginning after the date of withdrawal or the date of the unfavorable opinion letter.

(4) Section 6 of this revenue procedure provides additional instructions regarding the certification referred to above.

(5) This extension of the TRA '86 remedial amendment period will not operate to curtail the continued or interim reliance to which an employer may be entitled under the provisions of section 13 of Rev. Proc. 89-9 as in effect prior to this modification. For example, assume an employer adopts an M&P replacement plan by the end of the TRA '86 remedial amendment period, such replacement plan was submitted for a TRA '86 opinion letter on or before March 31, 1991, and an initial favorable TRA '86 opinion letter is issued for the plan in January, 1995. In this case, the employer will be entitled to continued or interim reliance if the employer adopts the TRA '86- approved plan by January 31, 1996, provided all other relevant requirements of section 13 of Rev. Proc. 89-9 as in effect prior to this modification are satisfied.

.03 VOLUME SUBMITTER PLANS.

(1) In the case of employers adopting volume submitter plans, the TRA '86 remedial amendment period will not expire before the end of the sixth month beginning after the date on which a favorable TRA '86 advisory letter is issued for the specimen plan by the Key District Office ("KDO") where the employer files its determination letter application. This extension will be available only if all of the following requirements are satisfied:

(a) the specimen plan was submitted for a TRA '86 advisory letter to the KDO in which the sponsoring practitioner has its principal place of business before July 1, 1994;

(b) if the employer files in another KDO, a TRA '86 advisory letter is requested from that KDO on or before the later of December 31, 1994, or the date that is 90 days after the date on which a favorable TRA '86 advisory letter is issued by the KDO in which the sponsoring practitioner has its principal place of business;

(c) a favorable TRA '86 advisory letter for the plan was not issued by the KDO where the employer files before July 1, 1994;

(d) the employer and the sponsoring practitioner execute a written certification before the expiration of the TRA '86 remedial amendment period (determined without regard to this extension) of the employer's intent to adopt the TRA '86-approved plan of the practitioner; and

(e) the employer adopts such plan (or another TRA '86-approved volume submitter, regional prototype, or M&P plan, or individually designed amendments) and requests a determination letter by the end of the TRA '86 remedial amendment period as herein extended.

(2) If an employer and a volume submitter sponsoring practitioner execute a written certification before the expiration of the TRA '86 remedial amendment period (determined without regard to this extension) of the employer's intent to adopt the TRA '86- approved volume submitter plan, and the sponsoring practitioner subsequently withdraws the TRA '86 advisory letter application or receives an unfavorable letter, the TRA '86 remedial amendment period will then be extended to the end of the sixth month beginning after the date of withdrawal or the date of the unfavorable advisory letter.

(3) Section 6 of this revenue procedure provides additional instructions regarding the certification referred to above.

SECTION 4. EXTENSION OF TIME TO FILE DETERMINATION LETTER APPLICATIONS

.01 PURPOSE AND SCOPE. This section provides an extension of the deadline for employers to request determination letters for plans that are timely amended to comply with TRA '86. This extension is available to all individually designed plans (including adoptions of volume submitter plans), regional prototype plans, and M&P plans that satisfy the requirements for the extension that are described below. For purposes of this section, the TRA '86 remedial amendment period is determined taking into account the extensions described in section 3.

.02 EXTENSION OF TIME TO FILE.

(1) The filing of a determination letter request for a plan on or before the last day of the third month beginning after the end of the TRA '86 remedial amendment period will, for purposes of section 1.401(b)-1(d)(3) of the regulations, be treated as having been filed on or before the end of the TRA '86 remedial amendment period. This extension will be available only if both of the following requirements are satisfied:

(a) the last day of the TRA '86 remedial amendment period for the plan is not later than March 31, 1995; and

(b) plan amendments that are intended to comply with the requirements of TRA '86, including final nondiscrimination regulations under section 401(a)(4) and related sections of the Code, are adopted (that is, they are not in proposed form) by the end of the TRA '86 remedial amendment period.

(2) An employer will satisfy the requirement in section 4.02(1)(b) provided the amendments adopted by the end of the TRA '86 remedial amendment period represent a bona fide effort to comply with all of the requirements of TRA '86. Further, bona fide amendments that are adopted by the end of the TRA '86 remedial amendment period that are made contingent on the receipt of a favorable determination letter will be considered adopted by that date, provided such amendments become effective (or would become effective, but for the Service's request for changes to the amendments or additional amendments) upon receipt of a favorable determination letter without further corporate action.

(3) The Service recognizes that employers may discover, after the expiration of the TRA '86 remedial amendment period, that changes to their amendments or other amendments may be needed to satisfy TRA '86. This might occur, for example, in the process of preparing (or analyzing data for) the determination letter application. Similarly, the Service may request changes to amendments that employers submit or additional amendments in connection with determination letter applications. The fact that, in connection with the determination letter process, the employer adopts or submits in proposed (unadopted) form, or the Service requests, such changes or such additional amendments will not mean that the amendments the employer adopted by the end of the TRA '86 remedial amendment period did not represent a bona fide effort to comply with all of the requirements of TRA '86.

(4) Employers that request determination letters on or before the last day of the TRA '86 remedial amendment period may submit amendments that are in proposed (unadopted) form. See section 2.05.

.03 COORDINATION WITH SECTION 3 AND WITH SECTION 13 OF REV. Proc. 89-9. For purposes of section 3, an employer will not be treated as having failed to request a determination letter on or before the end of the TRA '86 remedial amendment period merely because the employer also satisfies the requirements for the extension described in this section and files its determination letter application during the three-month period following the end of the TRA '86 remedial amendment period. Likewise, an employer that satisfies the requirements for the extension described in this section will not fail to satisfy the conditions for continued or interim reliance under Rev. Proc. 89-9 merely because the employer files its determination letter application after the end of the twelve-month period referred to in section 13 of Rev. Proc. 89-9 but within the three-month period following the end of the TRA '86 remedial amendment period.

SECTION 5. EXTENDED RELIANCE

.01 EFFECT OF EXTENSION OF THE TRA '86 REMEDIAL AMENDMENT PERIOD IN SECTION 3.

(1) The extension of the TRA '86 remedial amendment period contained in section 3 will not apply to the deadlines by which regional prototype and M&P plan sponsors must have submitted their plans in order to qualify for extended reliance. Thus, any regional prototype or M&P plan that was submitted for its initial TRA '86 notification or opinion letter after March 31, 1991, will not qualify for extended reliance, and any determination letter issued to an employer with respect to its adoption of such a plan will not provide extended reliance as described in section 2.06.

(2) The extension of the TRA '86 remedial amendment period contained in section 3 will also apply to the deadline by which an employer must adopt a TRA '86-approved volume submitter plan and request a determination letter in order to obtain extended reliance, provided the initial favorable TRA '86 advisory letter is issued for the plan on or after July 1, 1994, and the employer in fact adopts that plan. The extension in section 3 applies only to volume submitter plans for which initial favorable TRA '86 advisory letters are issued on or after July 1, 1994. Therefore, employers adopting volume submitter plans for which favorable TRA '86 advisory letters were issued before July 1, 1994, must, in accordance with Announcement 94-85, adopt such plans and request determination letters by December 31, 1994, in order to obtain extended reliance.

.02 EFFECT OF EXTENSION OF TIME TO FILE IN SECTION 4. The extension of the time to file a determination letter application contained in section 4 will not apply to the deadlines by which employers adopting individually designed plans (including volume submitter plans) must request determination letters in order to obtain extended reliance. Of course, the extension of time to file in section 4 is not relevant to whether an employer that adopts a regional prototype or M&P plan is entitled to extended reliance on a determination letter that is issued for the plan. See section 2.06(3).

SECTION 6. INSTRUCTIONS REGARDING CERTIFICATIONS AND DETERMINATION LETTER APPLICATIONS

.01 CERTIFICATIONS.

(1) The certifications referred to in section 3 should generally be in a form similar to that set forth in Item 4 of the Appendix to Rev. Proc. 89-13.

(2) The adoption of any plan (including an interim document) of the regional prototype or M&P sponsor or the volume submitter practitioner before the expiration of the TRA '86 remedial amendment period will automatically meet the certification requirement. For example, assume an employer adopted a volume submitter plan in 1988 and received a favorable determination letter. In this case, the employer's adoption of the plan in 1988 will satisfy the requirement under section 3 that the employer certify its intent to adopt the volume submitter practitioner's TRA '86-approved plan.

.02 INFORMATION TO BE SUBMITTED WITH DETERMINATION LETTER APPLICATION. An employer that avails itself of the extensions in sections 3 or 4 must include with its determination letter application, and identify in a cover letter, appropriate evidence that it has satisfied the requirements for the relevant extension. In the case of the extensions provided by section 3, this will be a copy of the certification described above or evidence of adoption of a plan of the regional prototype or M&P sponsor or the volume submitter practitioner before the expiration of the TRA '86 remedial amendment period. In the case of the extension of the time to file a determination letter application provided by section 4, this will be a copy of the board of directors' resolution or other evidence of the adoption of TRA '86 amendments by the end of the TRA '86 remedial amendment period.

SECTION 7. AMENDMENT DEADLINES FOR OBRA '93

.01 MODIFICATION OF REV. PROC. 94-13. Rev. Proc. 94-13 is modified to provide that a plan may be retroactively amended to comply with the requirements of OBRA '93 at any time on or before the last day of the "OBRA '93 remedial amendment period." The last day of the OBRA '93 remedial amendment period is:

(1) in the case of a plan maintained by one employer, the later of the last day of the 1994 plan year or the time prescribed by law (including extensions) for filing the income tax return (or partnership return of income) for the employer's taxable year that includes the first day of the 1994 plan year; or

(2) in the case of a plan maintained by more than one employer, the last day of the tenth month following the last day of the 1994 plan year.

.02 SCOPE OF MODIFICATION. This modification of Rev. Proc. 94-13 applies to plans other than governmental plans and plans maintained by tax-exempt organizations. The OBRA '93 remedial amendment periods with respect to governmental plans and plans of tax-exempt organizations, as described in Rev. Proc. 94-13, are not changed by this modification. In addition, plans maintained pursuant to collective bargaining agreements, including multiemployer plans, need not be amended to comply with the requirements of OBRA '93 before the last day of the first plan year in which the OBRA '93 provisions are effective for such plans, if that date is later than the date determined under section 7.01 of this revenue procedure. Finally, this modification does not change the date under Rev. Proc. 94-13 by which sponsors of regional prototype, M&P, and volume submitter plans, and SEPs must amend their plans to comply with OBRA '93.

.03 COORDINATION WITH SECTION 3 AND WITH SECTION 13 OF REV. PROC. 89-9.

(1) If an employer that has adopted a regional prototype, M&P, or volume submitter plan is entitled to the extension of the TRA '86 remedial amendment period described in section 3, then the OBRA '93 remedial amendment period will not expire before the end of the TRA '86 remedial amendment period as extended by section 3.

(2) If an employer that has adopted an M&P plan is entitled to continued or interim reliance under Rev. Proc. 89-9, then the OBRA '93 remedial amendment period will not expire before the end of the twelve-month period referred to in section 13 of Rev. Proc. 89-9.

.04 COORDINATION WITH SECTION 4.

(1) The filing of a determination letter request for a plan on or before the last day of the third month beginning after the end of the TRA '86 remedial amendment period will, for purposes of section 1.401(b)-1(d)(3) of the regulations, also be treated as having been filed on or before the last day of the OBRA '93 remedial amendment period. For this purpose, the TRA '86 remedial amendment period is determined taking into account the extensions described in section 3. The extension of time to file a determination letter application provided under this section 7.04(1) applies only if both of the following requirements are satisfied:

(a) the requirements of section 4.02(1)(a) and (b) are satisfied; and

(b) plan amendments that are intended to comply with the requirements of OBRA '93, including final regulations under section section 401(a)(17) of the Code, are adopted (that is, they are not in proposed form) by the end of the OBRA '93 remedial amendment period.

(2) For purposes of determining whether an employer has satisfied the requirement in section 7.04(1)(b), the principles described in section 4.02(2) and (3) will apply. In addition, an employer that avails itself of the extension of time to file a determination letter application provided by section 7.04(1) must include with its determination letter application a copy of the board of directors' resolution or other evidence of the adoption of OBRA '93 amendments by the end of the OBRA '93 remedial amendment period.

SECTION 8. EFFECT ON OTHER DOCUMENTS

.01 Rev. Proc. 89-9, Rev. Proc. 89-13, and Rev. Proc. 94-13 are modified as described herein.

.02 Rev. Proc. 95-6, 1995-1 I.R.B. 153, is modified to incorporate the instructions contained in sections 6 and 7 of this revenue procedure.

.03 Notice 92-36 is modified.

SECTION 9. EFFECTIVE DATE

This revenue procedure is effective December 30, 1994.

DRAFTING INFORMATION

The principal author of this revenue procedure is James Flannery of the Employee Plans Division. For further information regarding this revenue procedure, please contact Employee Plans Division's taxpayer assistance telephone service or Mr. Flannery between the hours of 1:30 p.m. and 4 p.m. Eastern Time, Monday through Thursday, by calling (202) 622-6074/6075 or (202) 622-6214. (These telephone numbers are not toll-free numbers.)