HomeMy WebLinkAbout790528.tiff IN-it-ANAL REVENUE SERVICE
.�. 'I./. 2135 CASE fiv 849136C2EP
. 5TI TX 73767 CONTROL DATE 04-05-7=
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cLd C; r,T'f RETIRE.•1EnT PLAN Er.;P ID ND 34-6000= 13
,, PLAN NO Cc :
FILE NO 540001EE<
DATE OF THIS LETTER
Cpl: :TY
L.2X 756
CC c0631 •
JUL 1 9 197g
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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 cf 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.
Sincerely yours.
ISO TRICT D Otic�
Enclosures:
Publication 794
Form 5616
790528
Form. 5616 Department of the Treasury- Internal Revenue Service Case Number
(Rev.4-78) Enclosure to Favorable Determination Letter 84913602EP
r
Date CAmended Person to Contact Telephone Number
1-21-78 Leonard A. Avant (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.
O 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.
O 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.
O 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 tha elate y,vacribed 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.
0 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.
C . 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. This determination letter expresses an opinion on whether the amendments, in and
of themselves, adversely affect the qualified status of the plan and the exempt
status of the related trust. In no event should this determination 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.
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If you have any questions, please contact the person whose name and telephone number are shown above and refer to
:he EIN-Plan Number and File Folder Number in the heading of the letter.
Oheckbox code letters are for Internal Revenue Service use. Form 5616(Rev.4-781 •
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• U.S. DEPARTMENT OF LABOR w?.�"ty""p°j,S
LABOR-MANAGEMENT SERVICES ADMINISTRATION ` ! •
L_
Pension and Welfare Benefit Programs r G` .-I
Washington, 'ra $-
n, D.C. 20216 ''aYt53f- i...,
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 iv' s Administration (see list on reverse side) .
l
ra. Lan
off
Administrator .
Pension and Welfare
Benefit Programs
U.S. Department of Labor
LMSA 645 (5/78)
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