Foster Swift Employment, Labor & Benefits Quarterly
Employment, Labor & Benefits Practice Group

Approaching Compliance Deadline EGTRRA Restatements Cycle C Plans

All qualified retirements plans categorized as "Cycle C" plans must be restated and submitted to the IRS for approval on or before January 31, 2009. In general, Cycle C plans are plans that are sponsored by employers whose taxpayer identification numbers end with 3 or 8. An extended deadline of April 30, 2010 is available of pre-approved plans. If the sponsor of a Cycle C employer plan wants to restate the plan via adoption of pre-approved plan (such as the Foster Swift profit sharing/401 (k) volume submitter plan), IRS For 8905, Certification of Intent to Adopt Pre-approved Plan, must be signed by both the plan sponsor and the sponsor of the pre-approved plan by January 31, 2009.

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