HomeMy WebLinkAbout820530.tiff Degtauteffeniseren
Internal Revenue Service
1100 COMMERCE ST . ' CODE 431 In reply refer to : 75140033
DALLAS , TX 75242 JUNE 29 , 1982 LTR 835C 9029
84 -6000813
WELD COUNTY COLORADO
P 0 BOX 756
GREELEY , CO 80631
District Office Code and
Case Serial Number : 84203600EP
Name of, Plan : Weld County Retirement Plan
Application Form : 5300
Date Amended : Oct 16 1980 & sept 21 1981
Employer Identification Number : 84-6000813
Plan Number : 001
File Number : 840001884
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 document describes some events that could occur after
you receive this letter that would automatically nullify it without
specific notice from us . The document 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 .
T EcOUe
820530
geserfnantanostfreseen
• Internet ReVQflL a Service
75140033
JUNE 29 , 1982 LTR 835C 9029
84 -6000813
WELD COUNTY COLORADO
P 0 BOX 758
GREELEY , CO 80631
Donald R Mazanee
A S Hansen Inc
717 Seventeenth St Ste 2330
Denver CO 80202
This determination expresses an opinion on whether the amendment ( s ) ,
in and of itself ( themselves ) , affect ( s ) the continued qualified
status of the plan under Code section 401 and the exempt status of the
related trust under section 501 ( a ) . This determination should not be
construed as an opinion on the qualification of the plan as a whole
and the exempt status of the related trust as a whole .
We have sent a copy of this letter to your representative as
indicated in the power of attorney .
If you have any questions , please contact EP Technical Assistor
a 214 -767-2728 .
Sincerely yours ,
District Director
Enclosures :
Publication 794
LMSA 645
Depattment of the Treasury Introduction affect a favorable determination letter,
Internal Revenue Service
only for years after the ruling or
This puallcation discusses some op- regulation is published , All plans must
erKiipr,ai features that may affect the be amended to comply with relevant rul-
Publication 794 qualified sit of an employee benefit ings or regulations. Usually. the amend-
(Rev. March 1981 ) plan. Plan reporting requirements are meet must be effective by the first day of
also :Highlighted the first plan year beginning after the rul-
ing or regulation is published.
Favorable ,,.r,-; significance of a
Determination .-av�orabie Pad II. Reporting
LetterDtermination Letter Requirements
Ni cr.piuyc'c. may r•--• 1 f.ijorable de- Most plan administrators or employers
termini*t.0n letter as a basis for deduct- who maintain an employee benefibplan
n,,.;rc. trih :tion:;ro an employee benefit must file an annual return/r
^Ian -;'re o'jaiit:rthe Internal Revenue Servf
ation of a plan is deter- return/report
The l0 with
1-
• rninc;a from f L•e mrb:mation in the written lowing forms have been developed for
;clan 00(x-on', and supporting informa- this purpose.
sub:n,tted to t'/+: ••..^+plover. It shows
h_: p1 ,n : . .;: r'ra with the require- Form 5500 is for a plan with 100 or
• pie Is yf A,t❑;r J33,;.a of the Internal more participants at the beginning of the
i-H@+'C•ni:r. Code 't•e actual operation of plan year. Forms 5500-C and 5500-R
'c oicin oeterrn,n.ic, its continued quali- are for a pension benefit plan with fewer
V , f,c.at,ur than 100 participants at the beginning of
pl:ir: umnfic5 in operation if it is the plan year, none of whom is an
a;nta,n c arrie,, to the terms on owner-employee, and for a welfare
eh •Hie ra+-o•ablr• ceterrnination letter benefit plan with fewer than 100 partici-
wr: issaa" However, conditions can pants at the beginning of the plan year.
d'rc•,•Iop in operation that do not follow Forms 5500-K and 5500-R are for a
:`,e written plan document, and they may Keogh plan with fewer than 100 partici-
"opard . :• ii eit plan'•. qualification. Ex-
and at the beginning of the plan year-
:mp:cs of tor.»+on operational features and at least one owner-employee. Form
;::;;: r;:ely a"=c a avorable f determi- 5500-G is for a government plan or a
::"I at o ,i.e
church plan not electing coverage un-
der section 410(d) of the Code.
Sin moacing ruverage requirements. If Forms 5500 and 5500-G must be filed
r ovr•rr. ; ... :s )n the: percentage re- annually. For plan years beginning after
y ,r r o '•r, uitl(bxlXA) of the 1979, Forms 5500-C and 5500-K are to
.� • 1 ai ,.i ement is not met be filed for(i)the initial plan year. (ii)the
it 'at a m ...:termination letter is year a final return/report would be.filed.
1 • •it let.:,?r w:;: not apply. and (iii)at three-year intervals based on
e' the sponsor's employer identification
e'.•1 „�E xt,etl on the require-i 'A '
number. Form 5500-R must be filed in
..; IT r isf e' i n +« ')(b'r KB)of the Code
the years when Forms 5500-C and
+. nu nl employees in the
l • e c;: o, nsation ranges 5500-K are not filed. For more informe-
• r. lion, see Publication 1048, Filing Re-
: r , d n :iny year after quirements for Employee Benefit Plans.
}p c ti „r: uon letter is is-
irw "' i. r,A r°. ,,.Tir ' I: . + triply.
I y � For plan years beginning in 1980.
I.. '' } 1 i, ,r,, •1 R16,0 these re_ owner-employees who are the only par-
; 7,.....,,,c, 4,. ,4 5. :, '. whole plan year d it ticipanlsina defined contribution Keogh
i •' i .. • r -mints • n least one plan in that year and all earlier years are
9 ' 4 ' e'; enr. not required to tile Form 5500-K or Form
8r 5500-R. The term "owner-employee"
.�, includes a partner who owns more than
„a- r i� le 'c.c.'.... . ...•'t- turn,. :f employee a 10% interest in either the capital or
i M •, • _• :' ,u allocation of fur- profits of the partnership.
' r j• s - c q ulcers. share.-
1 c, , r ompensated The Internal Revenue Service will pro-
3 i 'i ) yi.< V:liable The
+ of •1 cess the returns and provide the Depart-
'; ment of Labor and the Pension Benefit
i
Guaranty Corporation the necessary in-
iiii 1 I „„,...,....,.En,... to the plan. A revenue rul- formation and copies of the returns on
•
.
4 1 . c.r regulation can also adversely microfilm for disclosure purposes.
U.S. Department of Labor Labor•Management Services Administration ,div,
Washington,D.C.20216 pp
�l
fik" )
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 of beyond) , and employee welfare
benefit plans (medical, surgical , hospital, sickness, accident,
disability, death, unemployment, vacation, training, scholar-
ship 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 summary plan description (SPD) with the Secretary of
Labor. A summary plan description also must be provided to
each plan participant and beneficiary within 120 days after the
_. estaLiishrent of a plan. However, certain fully insured
welfare plans with fewer than 100 participants are exempt from
the requirement to file a summary plan description with the
Secretary.
For further information about the summary plan desoription and
other reporting and disclosure requirements of ERISA, contact
the nearest Area Office of the Labor Department' s Labor-Manage-
ment Services Administration (see list on reverse side) .
,h-71,,,,t
Ian D. Lanoff
Administrator
Pension and Welfare
Benefit Programs
LMSA 645 (7/79)
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