Takeover 401(k) has a doc they say is Datair. It was signed in early 2007. The copy write date is "2002-2007". And the adoption agreement mentions EGTRRA vesting schedule.

I would appreciate anyone's opinion or direction on this question? Could this document be good for all of EGTRRA or do I need to restate it this year?

Master, prototype & VS EGTRRA DC documents were not approved by IRS until 3/31/2008, & DATAIR has a slew of those approvals. Anything signed before that date is not good as an EGTRRA restatement, unless individually-designed and on a 5-year cycle (not likely for DATAIR). Best guess is that this is a GUST restatement with good-faith EGTRRA incorporated.

I'd restate. No downside.

Datair might have allowed the interim use of their EGTRRA documents before they received the opinion letters. They told me in July 2006 they were considering doing that after they received the first round comments from the IRS. Adopting an "interim pre-approved plan" makes you eligible for the 6-year restatement cycle. See Rev. Proc. 2007-44, Section 17. I think that also means that they need to restate by the end of the current cycle.

I asked Datair about an effective date prior to 4/1/08. They said it's possible to make the document effective back to the beginning of EGTRRA remedial amendment period but that the Adoption Date may not be before 4/1/08.

Bill