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Advisory Committee on Tax Exempt and Government Entities (ACT ...

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EXHIBIT D (CONTINUED)VCP CHECKLISTTAXPAYER’S NAMETAXPAYER’S I.D. NO. PLAN NAME & NO. ATTORNEY/P.O.A.The following items relate to all submissi<strong>on</strong>s (for each item insert Yes, No or N/A)If you insert “N/A” for any item enter explanati<strong>on</strong> under the item. 1. Does the submissi<strong>on</strong> c<strong>on</strong>sist solely of a failure to amend a plan timely for (a) good faithplan amendments for EGTRRA, (b) plan amendments for the final <strong>and</strong> temporaryregulati<strong>on</strong>s under § 401(a)((9) or (c) interim amendments? If yes, please proceed toAppendix F. (See secti<strong>on</strong> 11.01 <strong>and</strong> secti<strong>on</strong>s 4.06 <strong>and</strong> 10.08)2. Have you included an explanati<strong>on</strong> of how <strong>and</strong> why the failure(s) arose, including adescripti<strong>on</strong> of the administrative procedures for the plan in effect at the time the failure(s)occurred? (See secti<strong>on</strong>s 11.02(3) <strong>and</strong> (4))3. Have you included a detailed descripti<strong>on</strong> of the method for correcting the failure(s)identified in your submissi<strong>on</strong>? This descripti<strong>on</strong> must include, for example, the number ofemployees affected <strong>and</strong> the expected cost of correcti<strong>on</strong> (both of which may beapproximated if the exact number cannot be determined at the time of the request), theyears involved, <strong>and</strong> calculati<strong>on</strong>s or assumpti<strong>on</strong>s the Plan Sp<strong>on</strong>sor used to determine theamounts needed for correcti<strong>on</strong>. In lieu of providing correcti<strong>on</strong> calculati<strong>on</strong>s with respect toeach employee affected by a failure, you may submit calculati<strong>on</strong>s with respect to arepresentative sample of affected employees. However, the representative samplecalculati<strong>on</strong>s must be sufficient to dem<strong>on</strong>strate each aspect of the correcti<strong>on</strong> methodproposed. Note that each step of the correcti<strong>on</strong> method must be described in narrativeform. (See secti<strong>on</strong> 11.02(5))4. Have you described the earnings or interest methodology (indicating computati<strong>on</strong> period<strong>and</strong> basis for determining earnings or interest rates) that will be used to calculateearnings or interest <strong>on</strong> any corrective c<strong>on</strong>tributi<strong>on</strong>s or distributi<strong>on</strong>s? (As a general rule,the interest rate (or rates) earned by the plan during the applicable period(s) should beused in determining the earnings for corrective c<strong>on</strong>tributi<strong>on</strong>s or distributi<strong>on</strong>s.) (Seesecti<strong>on</strong> 11.02(6))5. Have you submitted specific calculati<strong>on</strong>s for either affected employees or arepresentative sample of affected employees? (See secti<strong>on</strong> 11.02(7))6. Have you described the method that will be used to locate <strong>and</strong> notify former employeesor, if there are no former employees affected by the failure(s) or the correcti<strong>on</strong>(s),provided an affirmative statement to that effect? (See secti<strong>on</strong> 11.02(8))7. Have you provided a descripti<strong>on</strong> of the administrative measures that have been or will beimplemented to ensure that the same failure(s) do not recur? (See secti<strong>on</strong> 11.02(9))8. Have you included a statement that, to the best of the Plan Sp<strong>on</strong>sor’s knowledge, theplan is not currently under an Employee Plans examinati<strong>on</strong>? (See secti<strong>on</strong> 11.02(10))9. Have you included a statement that, to the best of the Plan Sp<strong>on</strong>sor’s knowledge, thePlan Sp<strong>on</strong>sor is not under an <strong>Exempt</strong> Organizati<strong>on</strong>s examinati<strong>on</strong>? (See secti<strong>on</strong>11.02(10))10. Have you included a statement that neither the plan nor the Plan Sp<strong>on</strong>sor has been aparty to an abusive tax avoidance transacti<strong>on</strong>? Alternatively, have you provided astatement identifying the abusive tax avoidance transacti<strong>on</strong>(s) to which the plan or thePlan Sp<strong>on</strong>sor has been a party? (See secti<strong>on</strong> 11.02(11))11. If the submissi<strong>on</strong> includes a failure related to Transferred Assets, have you included adescripti<strong>on</strong> of the related employer transacti<strong>on</strong>, including the date of the employertransacti<strong>on</strong> <strong>and</strong> the date the assets were transferred to the plan? (See secti<strong>on</strong> 11.02(11))ADVISORY COMMITTEE ON TAX EXEMPT AND GOVERNMENT ENTITIES (<strong>ACT</strong>) June 11, 2008 57

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