Are plans established through collective bargaining required to be submitted to the IRS for approval? We have one 401(k) plan where the contribution formula does not conform to a prototype or volume submitter document. We believe we will have to draft an individually designed plan document. Any advise?

You've probably posted this on the wrong board.

No plan is required to be submitted to the IRS for a determination letter. However, it is a VERY good idea for an individually designed plan.

Depending on the current status of your plan, the time for filing for a determination letter on a GUST restatement may have already passed at the end of February 2002.

However, in certain instances if you were previously on a prototype or volume submitter you MAY have until the end of 2002 (or possibly a little later) to submit your individually designed plan for a determination letter.