HomeMy WebLinkAbout780498.tiff 'INTERNAL REVENUE SERVICE
P.O. BOX 2135 LASE NO 84805509EP
AUSTIN, TX 78767 CONTROL DATE 02-14-78
FORM NO 5300
PLAN WELD COUNTY RETIREMENT PLAN EMP ID NO 84-6000813
INANE PLAN NO 001
FILE NO 840001884
DATE OF THIS LETTER
WELD COUNT!
P 0 BOX 758 AUG 2 4 1978
GREELEY. CO 80631
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Dear Applicant:
• Based on the information supplied, we have made a favorable determination
on your application identified above. Please keep this letter in your permanent records.
Continued qualification of the plan will depend on its effect in operation
under its present form. (See section 1.401-1(b)(3) of the Income Tax Regulations.)
The status of the plan in operation will be reviewed periodically.
The enclosed Publication 794 describes some events that could occur after
you receive this letter that would automatically nullify it without specific notice
from us. The publication also explains how operation of the plan may affect a favorable
determination letter, and contains information about filing requirements.
This letter relates only to the status of your plan under the Internal Revenue Code.
It is not a determination regarding the effect of other Federal or local statutes.
Please see Form 5616, enclosed, which is an integral part of this determination letter.
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Sincerely yours,
L
DISTRICT DIRECTOR
Enclosures:
Publication 794
• Form 5616
P bDllo
780498
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Form. 5616 Department of the Treasury- Irt,rnal Revenue Servic ' iL 2 Case Number
(Rev.4.781 Enclosure to Favorable Determination Letter 84805509EP
Date Amended Person to Contact Telephone Number
December 19, 1977 James Heinrich (303) 837-3195
For your information, we have listed the following items that may apply to your plan, including some which may cause
a plan to become disqualified in operation. If no items' are checked, none apply to your plan. Please also see Publication
794, which is reprinted on the back of this form.
❑ C. This determination is not an indication that the Internal Revenue Service is in any way passing on the actuarial
soundness of the plan or on the reasonableness of the actuarial computations.
❑ D. This determination letter is conditioned upon your adoption of the proposed amendments submitted in your letter
dated .The adoption of the proposed amendments should be made on or before the date prescribed
by the regulations under section 401(b) of the Internal Revenue Code.
❑ E. This determination letter is conditioned upon your adoption of the proposed amendments submitted in your
representative's letter dated . The adoption of the proposed amendments should be made on or
before the date prescribed by the regulations under section 401(b) of the Internal Revenue Code.
❑ F. This plan is considered as applying only to employees who can retire and obtain benefits during the term for which
it is drawn; no other employees are considered covered. Therefore, the provision of section 404 of the Internal
Revenue Code will be applied only to covered employees.
❑ G. The trust, not having been created or organized in the United States, is not a qualified trust under section 401(a) and
is not exempt under section 501(a) of the Internal Revenue Code. Based on the information you submitted, however,
we have determined that the trust is part of a plan which meets the requirements of section 401(a) in all other
respects and that it would qualify for exemption under section 501(a) except for the fact that it is created or
organized outside the United States. Therefore, distributions to beneficiaries will be taxable as though made through
an exempt trust, as provided in section 402(c). Deductions for contributions made by the employer, who is a
domestic corporation or resident of the United States, are allowable as provided in section 404(a)(4) of the Code.
H. This determination letter is not applicable beginning with any year in which discrimination prohibited by section
401(a)(4) of the Internal Revenue Code arises because of the years of service weighing factor applied in allocating
employer contributions. (See Rev. Rul. 68-653, 1968-2 C.B. 177.)
❑ J. Your plan does not consider total compensation for purposes of computing benefits.This provision may, in
operation, discriminate in favor of employees who are stockholders, officers, or highly compensated. If this
discrimination occurs, your plan will not remain qualified. (See Rev. Rul. 69-503, 1969.2 C.B. 94.)
❑ K. This determination applies to tax years beginning after
❑ L. We have sent a copy of this letter to your representative as indicated in the power of attorney.
❑ M.
If you have any questions, please contact the person whose name and telephone number are shown above and refer to
the EIN•Plan Number and File Folder Number in the heading of the letter.
'Checkbox code letters are for Internal Revenue Service use. Form 5616(Rev.4-781
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U.S. DEPARTMENT OF LABOR o„,NTnJ4
LABOR-MANAGEMENT SERVICES ADMINISTRATION
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Pension and Welfare Benefit Programs
Washington, D.C. 20216 �r-
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To: Administrators of Employee Pension
and Welfare Benefit Plans
The Employee Retirement Income Security Act of 1974 (ERISA) requires
administrators of employee pension benefit plans (pension, profit
sharing and other plans that provide retirement income to employees
or result in a deferral of income by employees for periods extending
to the termination of covered employment or beyond) , and employee
welfare benefit plans (medical, surgical, hospital, sickness, accident,
disability, death, unemployment, vacation, training, scholarship funds,
prepaid legal services, etc. ) to meet certain reporting and disclosure
requirements. Within 120 days after a new plan comes into existence ,
plan administrators are to file a plan description with the Secretary
of Labor on Form EBS-1. A summary plan description also must be filed
with the Secretary of Labor and furnished each plan participant and
beneficiary within 120 days after the establishment of a plan. However,
certain fully insured welfare plans with fewer than 100 participants
are exempt from the requirement to file with the Secretary a Form EBS-1
and a summary plan description.
To obtain a copy of Plan Description Form EBS-1 or information about
the summary plan description and other reporting and disclosure require-
ments of ERISA, contact the nearest Area Office of the Labor Department's
Labor
^^-Management S rv' s Administration (see list on reverse side) .ig,rD. Lanoff
Administrator 1
Pension and Welfare
Benefit Programs
U.S. Department of Labor
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LMSA 645 (5/78)
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Favorable
Determination Publication 794
Letter (Revised December 1977)
Operational Features which Affect the Qualified
Status of a Plan and Plan Reporting Requirements
Part I. Significance of a Favorable A plan will he considered as meeting these coverage
Determination Letter requirements during the whole taxable year if on any
one day of each quarter it satisfies the requirements.
An employer may use a favorable determination letter Allocation of Forfeitures. If employee turnover results in
as a basis for deducting on the income tax return the the allocation of forfeitures principally to the benefit of
contributions to a plan. The qualification of a plan is de- officers, shareholders, and highly compensated employees,
termined from the information in the written plan docu- a favorable determination will not apply.
ment and supporting information submitted by the em- Amendments to the Plan. A Revenue Ruling can also ad-
ployer, and indicates that the features of the plan con- versely affect a favorable determination letter but only for
form with the requirements of Internal Revenue Code Sec- years after the Ruling is issued. Hence, all plans must
tion 401(a). But it is the actual operation of the plan that be amended to comply with relevant Rulings. The amend-
governs its continued qualification. ment must be effective not later than the first day of the
A plan qualifies in operation if it is maintained ac- first taxable year beginning afte, the Ruling is published.
cording to the terms and limitations on which a favorable
determination letter was issued. However, many con-
ditions can develop during operation that are inconsistent Part II. Reporting Requirements
with the features in the written plan document, and they
may jeopardize tho plan's qualification. The following Each plan administrator or employer who maintains an
items are examples of the more common operational fea- employee benefit plan must file an annual return/report
tures that adversely affect a favorable determination. with the Internal Revenue Service. The forms
the purpose are Form 5500 (Corporate or Keogh plan
Coverage Requirements. If coverage is based on the per- with 100 or more participants). Form 5500-C (Corporate or
tentage requirement of Section 410(b)(1)(A) of the Code, Keogh plan with fewer than 100 participants, none of whom
and this requirement Is not met after the issuance of the is an owner-employee). and Form 5500-K (Keogh plan
favorable determination letter, the taxpayer may not rely with fewer than 100 participants and at least one owner-
on the letter. employee). The return/report is published in a package
Similarly, if coverage is based on the requirement of which includes the necessary attachments as well as filing
Section 410(b)(1)(B) of the Code and the coverage of requirements and instructions -
employees in the lower and middle compensation ranges The Internal Revenue Service will process the returns and
is'reduced materially in any subsequent year from that in provide the Department of Labor the necessary data as
the application, a favorable determination letter may not well as a copy of the returns on microfiche for public dis-
apply. _ closure purposes.•T �''11) - .' '�1'1��-. iisr4y . '"'^"'
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Labor-Management Services Administration Area Offices
ATLANTA, Georgia 30309 MINNEAPOLIS, Minnesota 55401
1365 Peachtree St. , N.E. 110 S. 4th Street
(404) 881-4090 (612) 725-2292
BOSTON, Massachusetts 02108 NASHVILLE, Tennessee 37203
110 Tremont St. 1808 West End Bldg.
(617) 223-6736 (615) 251-5906
BUFFALO, New York 14202 NEWARK, New Jersey 07102
111 West Huron St. 744 Broad St.
(716) 846-4861 (201) 645-3016
CHICAGO, Illinois 60604 NEW ORLEANS, Louisiana 70130
175 W. Jackson Blvd. 600 South St.
(312) 353-7264 (504) 589-6173
CLEVELAND, Ohio 44199 NEW YORK, New York 10007
1240 East 9th St. 26 Federal Plaza
(216) 522-3855 (212) 264-1973
DALLAS, Texas 75202 PHILADELPHIA, Pennsylvania 19106
555 Griffin Square Bldg. 601 Market St.
(214) 749-2886 (215) 597-4961
DENVER, Colorado 80294 PITTSBURGH, Pennsylvania 15222
1961 Stout St. 1000 Liberty Ave.
(303) 837-5061 (412) 644-2925
DETROIT, Michigan 48226 ST. LOUIS, Missouri 63101
231 W. Lafayette St. 210 N. 12th Blvd.
(313) 226-6200 (314) 425-4691
HONOLULU, Hawaii 96850 SAN FRANCISCO, California 94105
300 Ala Moana 211 Main St.
(808) 546-8984 (415) 556-2030
KANSAS CITY, Missouri 64106 HATO REY, Puerto Rico 00918
911 Walnut St. Carlos Chardon St.
(816) 374-5261 (809) 753-4096
LOS ANGELES, California 90012 SEATTLE, Washington 98174
300 N. Los Angeles St. 909 First Ave.
(213) 688-4975 (206) 442-5216
MIAMI, Florida 33169 WASHINGTON, D.C. 20036
111 N.W. 183rd St. 1111 20th St. , N.W.
(305) 350-4611 (202) 254-6510
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