Let's say a client had a Volume Submitter document, with an Advisory letter, effective date of the plan was 1/1/02. Type of plan doesn't matter - let's say a MP plan with some fancy provisions for the sake of argument.

The VS provider stops sponsoring such a document - goes out of business, whatever. Let's say in 2005. So the client amends to a PS plan with another provider who has IRS approved VS or prototype document, with different provisions than the document that was in place from 2002-2004.

Now the client goes to restate. The new, approved 2008 document is not only a different type (PS as opposed to MP) but even the MP plan available from the current provider doen't match the provisions under which the plan operated from 2002-2004.

How do y'all handle this? I could see this coming up for incoming plans, or perhaps for plans which leave and they subsequently come back asking for docs/amendments. Do you take your current document and just amend back to 2002, which seems ridiculous, or must you do some sort of custom amendment, which will of course make it so current plan can't rely on the opinion/advisory letter as a determination letter? Other thoughts/solutions?

I expect this might come up a bit in months to come.

You might have to hit me over the head, but I'm not sure there's a problem, at least the way we are doing restatements as instructed by our document provider - we just restate effective the first day of the current year, and whatever provisions had to be effective earlier for EGTRRA have those effective dates buried in the document. I don't think the interim restatement and change of plan type matter; it's the same plan and the provisions that have to be retroactive are indeed retroactive back through the restatement and change of plan type.

Or did I misunderstand?