Determination, Opinion and Advisory Letter for Retirement Plans - Apply for an Opinion or Advisory Letter - Pre-Approved Plans
There are two types of pre-approved plans:
- Master and Prototype (M&P), which may be standardized or non-standardized, and
- Volume Submitter (VS) plans.
WHO Applies for an Opinion or Advisory Letter?
The pre-approved plan sponsor applies for the opinion or advisory letter.
TYPES of Favorable Opinion or Advisory Letters:
- Letter 4333 – for a standardized M&P plan
- Letter 4334 – for a non-standardized M&P plan
- Letter 4335 – for a VS plan
WHEN to Apply for an Opinion or Advisory Letter?
- New pre-approved plan: may file an application during the submission period of the applicable 6-year cycle. An application filed after this time-period is an off-cycle submission. Once the two-year window of employer adoption and submission of the pre-approved plans announced by the IRS begins for a particular 6-year cycle, off-cycle submissions are limited to word-for-word identical adopters of mass submitter plans (Rev. Proc. 2011-49).
- Amended pre-approved plan: should file an application within the submission period of the applicable 6-year cycle or the application is off-cycle. Once the two-year window of employer adoption and submission of the pre-approved plans announced by the IRS begins for a particular 6-year cycle, off-cycle submissions are limited to word-for-word identical adopters of mass submitter plans (Rev. Proc. 2011-49). If an amended pre-approved plan files an off-cycle application, it will likely have a shortened two-year window for employer adoption and submission.
- Staggered Remedial Amendment Period Revenue Procedure explains the system of remedial amendment cycles under section Code §401(b) for pre-approved plans
- FAQs - EGTRRA determination letter program for pre-approved plans.
HOW to Apply For an Opinion or Advisory letter?
- Form 4461, Application for Approval of Master or Prototype or Volume Submitter Defined Contribution Plans. Include a copy of the M&P or VS plan and adoption agreement, and Attachment 1.
- Form 4461-A (for Defined Benefit plans)
- Form 4461-B (for Word-for-Word Identical Adopter (M&P/VS) and Minor Modifier Placeholder (M&P Only)).
- Form 2848, Power of Attorney and Declaration of Representative, if applicable.
- Form 5306, Application for Approval of Prototype or Employer Sponsored Individual Retirement Arrangement (IRA). See our guidlelines for prototype and model IRAs.
- Form 8717, User Fee for Employee Plan Determination, Opinion, and Advisory Letter Request, and pay applicable user fee.
- An applicant must also include a signed certification that the applicant has made all required amendments to retain the plan’s qualified status and communicated them to all adopting employers.
- Also see:
WHERE to Send an Application for an Opinion or Advisory letter?
Form 5306:
- Opinion Letters for prototype or employer sponsored IRAs
Internal Revenue Service,
Attn: EP Opinion Letters
P.O. Box 27063,
McPherson Station, Washington, DC 20038.
Forms 4461, 4461-A, or 4461-B:
- Opinion Letters, including applications filed by M&P mass submitters:
Internal Revenue Service
P.O. Box 2508
Cincinnati, OH 45201
Attn: Pre-Approved Plans Coordinator
Room 5106
- Advisory Letters, including applications filed by VS mass submitters:
Internal Revenue Service
P.O. Box 2508
Cincinnati, OH 45201
Attn: Pre-Approved Plans Coordinator
Room 5106
- Send applications shipped by express mail or a delivery service:
Internal Revenue Service
550 Main Street
Cincinnati, OH 45202
Attn: Pre-Approved Plans Coordinator
Room 5106
Page Last Reviewed or Updated: 2013-02-13
