HomeMy WebLinkAboutIRS COMPLIANCE STATEMENTS FOR 1949 RETIREMENT FUND
"'\~
AUGUSTA-RICHMOND COUNTY COMMISSION
STEPHEN E. SHEPARD
County Attorney
Augusta Law Department
DAVID S. COPENHAVER
Mayor
STAFF ArTORNEY
Vanessa Flournoy
Betty Beard
Marion Williams
Joe Bowles
Bernard Harper
Calvin Holland, Sr.
Andy Cheek
. Jerry Brigham
Jimmy Smith
J. R. Hamey
Don Grantham
Betty Beard
Mayor Pro Tern
TO:
Mayor Deke Copenhaver
Mayor Pro Tern Betty Beard
All Commissioners
Fred Russell, Administrator
Steve Shepard, County AttJ:Jrney ~
February 28,2007
Frederick L. Russell
Administrator
Please Reply to:
70 I Greene Street, Suite 104
Augusta, Georgia 30901
FROM:
DATE:
RE:
IRS Compliance Statements for:
1949 General Retirement Fund
Retirement Plan for Employees of Richmond County
Richmond Employees Pension Fund
Enclosed please find a copy of each of the above referenced compliance statements from the
Internal Revenue Service.
Should you have any questions please do not hesitate to contact my office.
SES:sw/lmb
Enclosure
F: \ Users ISShepardISTEVE\CITYicity.2007. doc
Augusta Law Department
501 Greene Street, Suite 302, Augusta, Georgia 30901
(706) 842-5550 - Fax (706) 842-5556
County Attorney
701 Greene Street, Suite 104, Augusta, Georgia 30901
(706) 724-6597 - Fax (706) 722-4817
;'
DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
WASHINGTON, D.C. 20224
TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION
RECEIVED
F~e t e 2007
Date: FEB 1 3 2007
COUNTY ATTORNEY
Augusta-Richmond County Commission
701 Green St., Suite 107
Augusta, GA 30901
Attn: County Attorney, Augusta Law Dept.
Re: Compliance Statement for: City of Augusta 1949 General Retirement Fund
Employer Identification Number: 58-2204274
Plan Number: 001
Control Number: 911638595
Dear Steven E. Shepard, Esq.:
Enclosed is your Compliance Statement. A Compliance Statement constitutes an enforcement
resolution solely with respect to certain failures of an employee retirement plan that is intended to satisfy the
requirements of the Internal Revenue Code. It does not constitute a ruling letter within the meaning of
Revenue Procedure 2006-4, 2006-1 I.R.B. 132, or a determination letter within the meaning of Revenue
Procedure 2006-6,2006-1 I.R.B. 204. The Compliance Statement should not be construed as affecting the
rights of any party under any other law, including Title I of the Employee Retirement Income Security Act of 1974.
The determination letter issued with respect to your recent application is also enclosed for your
reference.
At a later date, you may be required to verify that the correction of the failures and any modification of
administrative procedures (upon which your enforcement resolution is conditioned) have been timely made.
Copies of this Compliance Statement and a copy of this letter have been sent to your authorized
representative in accordance with a power of attorney on file in this office. If you have any questions, please
contact Krystal Knight, 10# 58-10281, by phone at (404) 338-8132 or by fax at (706) 546-2024.
Sincerely,
~,_ r~
William M. Bond~ JU'
Manager, Voluntary Compliance Group 7553
Tax Exempt and Government Entities Division
Enclosure(s):
Compliance Statement
Copy of Determination Letter
1100 Commerce Street, Dallas, Texas 75242
INTERNAL REVENUE SERVICE
VOLUNTARY CORRECTION PROGRAM
COMPLIANCE STATEMENT
Date:
FIB 1 3 2007
(to be completed by IRS)
Re: City of Augusta 1949 General Retirement Fund
SE:T:EP:RA Control Number: 911638595
Employer Identification Number: 58-2204274
Plan No.: 001
I. APPLICANT'S DESCRIPTION OF QUALIFICATION FAILURE(S)
Augusta-Richmond County Commission ("Applicant") sponsors the City of Augusta
1949 General Retirement Fund ("Plan"), and has submitted a request to the Internal
Revenue Service (lithe Service") under the Voluntary Correction Program for a
compliance statement relating to qualification failures under section 401 (a) of the
Internal Revenue Code ("Code"). The Plan uses the twelve-month period that ends on
December 31 as its plan year.
Failure #1
The Plan was not amended to comply with the applicable requirements of the Tax
Equity and Fiscal ResponSibility Act of 1982 ("TEFRA"), the Deficit Reduction Act of
1984 ("DEFRA"), and the Retirement Equity Act of 1984 ("REA") by the required dates
in accordance with section 401 (b) of the Code and regulations thereunder.
Failure #2
The Plan was not amended to comply with the applicable requirements of the Tax
Reform Act of 1986 ("TRA '86"), the Unemployment Compensation Amendments of
1992 ("UCA"), and the Omnibus Budget Reconciliation Act of 1993 ("OBRA '93") by the
required dates in accordance with section 401 (b) of Code and regulations thereunder.
Failure #3
The Plan was not amended to comply with the applicable requirements of the Uruguay
Round Agreements Act; the Uniformed Services Employment and Reemployment
Rights Act of 1994; the Small Business Job Protection Act of 1996; the Taxpayer Relief
Act of 1997; the Internal Revenue Service Restructuring and Reform Act of 1998; and
the Community Renewal Tax Relief Act of 2000 (collectively known as "GUST") by the
required dates in accordance with section 401 (b) of the Code and regulations
thereunder.
City of Augusta 1949 General Retirement Fund
statement should not be construed as affecting the rights of any party under any other
law, including Title I of the Employee Retirement Income Security Act of 1974.
This compliance statement is conditioned on (1) there being no misstatement or
omission of material facts in connection with the submission, and (2) the completion of
all corrections described in Parts 11 and III within one hundred fifty (150) days of the date
of the compliance statement.
By signing this compliance statement, the Applicant hereby agrees to its terms.
Augusta-Richmond County Commission
~BY: CJcA-4 P
Title: 11 ~oJ
Date: Ii h I { c/v,
,
';n~,U /06)1~
/t17 : "uf7J. ~iv
ApproVed: ~~
Joyce~fI~anager -
Employee Plans Voluntary Compliance
Tax Exempt and Govemment Entities Division
Page 4 of 4
INTERNAL REVENUE SERVICE
.P. O. BOX 2508
CINCINNATI, OH 45201
DEPARTMENT OF THE TREASURY
Date: FEB 1 3 2007
Employer Identification Number:
58-2204274
DLN:
406124001
Person to Contact:
KRYSTAL L KNIGHT ID# 11015
Contact Telephone Number:
(404) 338-8132
Plan Name:
CITY OF AUGUSTA 1949 GENERAL
RETIREMENT FUND
Plan Number: 001
AUGUSTA-RICHMOND COUNTY COMMISSION
701 GREENE ST STE 104
AUGUSTA, GA 30901
Dear Applicant:
We have made a favorable determination on the plan identified above based
on the information you have supplied. Please keep this letter, the application
forms submitted to request this letter and all correspondence with the Internal
Revenue Service regarding your application for a determination letter in your
permanent records. You must retain this information to preserve your reliance
on this letter.
Continued qualification of the plan under its present form will depend
on its effect in operation. See section 1.401-1(b)(3) of the Income Tax
Regulations. We will review the status of the plan in operation periodically.
The enclosed Publication 794 explains the significance and the scope of
this favorable determination letter based on the determination requests
selected on your application forms. Publication 794 describes the information
that must be retained to have reliance on this favorable determination letter.
The publication also provide examples of the effect of a plan's operation on
its qualified status and discusses the reporting requirements for qualified
plans. Please read Publication 794.
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.
This letter considers the amendments required by the Tax Reform of 1986,
except as otherwise specified in this letter.
This letter considers the changes in qualification requirements made by
the Uruguay Round Agreements Act, Pub. L. 103-465, the Small Business Job
Protection Act of 1996, Pub. L. 104-188, the Uniformed Services Employment
and Reemployment Rights Act of 1994, Pub. L. 103-353, the Taxpayer Relief Act
of 1997, Pub. L. 105-34, the Internal Revenue Service Restructuring and Reform
Act of 1998, Pub. L. 105-206, and the Community Renewal Tax Relief Act of 2000,
Pub. L. 106-554.
This letter may not be relied on with respect to whether the plan
Letter 835 (DO/CG)
-2-
AUGUSTA-RICHMOND COUNTY COMMISSION
satisfies the requirements of section 401(a) of the Code, as amended by the
Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107-16.
The requirement for employee benefits plans to file summary plan
descriptions (SPD) with the U.S. Department of Labor was eliminated effective
August 5, 1997. For more details, call 1-800-998-7542 for a free copy of the
SPD card.
The information on the enclosed addendum is an integral part of
this determination. Please be sure to read and keep it with this letter.
We have sent a copy of this letter to your representative as indicated in
the power of attorney.
If you have questions concerning this matter, please contact the person
whose name and telephone number are shown above.
Sincerely yours,
~ ,;1
~
Robert P. Bell
Manager, EP Determinations
Enclosures:
Publication 794
Addendum
)
Letter 835 (DOjCG)
-3-
AUGUSTA-RICHMOND COUNTY COMMISSION
This determination is conditioned upon your adoption of the proposed
restated plan as submitted with your or your representative's letter dated
11/22/06. The proposed plan should be adopted on or before the
date prescribed by the regulations under Code section 401(b).
This determination letter acknowledges receipt of the provisions intended
to satisfy the requirements of section 401(a) of the Code, as amended by the
Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107-16.
Letter 835 (DO/CG)
Augusta-Richmond County Commission
701 Green St., Suite 107
Augusta, GA 30901
Attn: County Attorney, Augusta Law Dept.
Steven E. Shepard, Esq.
DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
WASHINGTON, D.C. 20224
TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION
Date: FEB 1 3 2007
REceIVED
FEB 1 6 2007
Augusta-Richmond County Commission
701 Green St., Suite 107
Augusta, GA 30901
Attn: County Attorney, Augusta Law Dept.
CO~NTY ATTORNEY
Re: Compliance Statement for: Retirement Plan for Employees of Richmond County
Employer Identification Number: 58-2204274
Plan Number: 003
Control Number: 911638594
Dear Steven E. Shepard, Esq.:
Enclosed is your Compliance Statement. A Compliance Statement constitutes an enforcement
resolution solely with respect to certain failures of an employee retirement plan that is intended to satisfy the
requirements of the Intemal Revenue Code. It does not constitute a ruling letter within the meaning of
Revenue Procedure 2006-4, 2006-1 I.R.B. 132, or a determination letter within the meaning of Revenue
Procedure 2006-6,2006-1 I.R.B. 204. The Compliance Statement should not be construed as affecting the
rights of any party under any other law, including Title I of the Employee Retirement Income Security Act. of 1974.
The determination letter issued with respect to your recent application is also enclosed for your
reference.
At a later date, you may be required to verify that the correction of the failures and any modification of
administrative procedures (upon which your enforcement resolution is conditioned) have been timely made.
Copies of this Compliance Statement and a copy of this letter have been sent to your authorized
representative in accordance with a power of attorney on file in this office. If you have any questions, please
contact. Krystal Knight, ID# 58-10281, by phone at (404) 338-8132 or by fax at (706) 546-2024.
Sincerely,
V~- ~
William M. BO~d,Y "-
Manager, Voluntary Compliance Group 7553
Tax Exempt and Government Entities Division
Enclosure( s):
Compliance Statement
Copy of Determination Letter
1100 Commerce Street, Dallas, Texas 75242
"
INTERNAL REVENUE SERVICE
VOLUNTARY CORRECTION PROGRAM
COMPLIANCE STATEMENT
Date: FEB 1 3 2007
(to be completed by IRS)
Re: Retirement Plan for Employees of Richmond County
SET:EP:RA Control Number: 911638594
Employer Identification Number: 58-2204274
Plan No.: 003
I. APPLICANT'S DESCRIPTION OF QUALIFICATION FAILURE(S)
Augusta-Richmond County Commission ("Applicant") sponsors the Retirement Plan for
Employees of Richmond County ("Plan"), and has submitted a request to the Internal
Revenue Service ("the Service") under the Voluntary Correction Program for a
compliance statement relating to qualification failures under section 401 (a) of the
Internal Revenue Code ("Code"). The Plan uses the twelve-month period that ends on
December 31 as its plan year.
Failure #1
The Plan was not amended to comply with the applicable requirements of the Tax
Equity and Fiscal ResponSibility Act of 1982 ("TEFRA"), the Deficit Reduction Act of
1984 ("DEFRA"), and the Retirement Equity Act of 1984 ("REA") by the required dates
in accordance with section 401 (b) of the Code and regulations thereunder.
Failure #2
The Plan was not amended to comply with the applicable requirements of the Tax
Reform Act of 1986 ("TRA '86"), the Unemployment Compensation Amendments of
1992 ("UCA"), and the Omnibus Budget Reconciliation Act of 1993 ("OBRA '93") by the
required dates in accordance with section 401 (b) of Code and regulations thereunder.
Failure #3
The Plan was not amended to comply with the applicable requirements of the Uruguay
Round Agreements Act; the Uniformed Services Employment and Reemployment
Rights Act of 1994; the Small Business Job Protection Act of 1996; the Taxpayer Relief
Act of 1997; the Internal Revenue Service Restructuring and Reform Act of 1998; and
the Community Renewal Tax Relief Act of 2000 (collectively known as "GUST") by the
required dates in accordance with section 401 (b) of the Code and regulations
thereunder.
Retirement Plan for Employees of Richmond County
Failure #4
The Plan was not amended to incorporate the interim amendments required for
compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001
("EGTRRA") by the required date(s) in accordance with section 401 (b) of the Code and
regulations thereunder.
Failure #5
The Plan was not amended to comply with the requirements of the Code section
401 (a)(9) Final and Temporary Regulations, T.O. 8987, 2002-1 C.B. 852, by the
required date in accordance with section 401 (b) of the Code and regulations
thereunder.
Failure #6
The Plan was not amended to reflect the change in the prescribed mortality table under
Code sections 415(b)(2)(E)(v) and 417(e)(3)(A)(ii)(I) by the required date in accordance
with section 401 (b) of the Code and regulations thereunder.
II. APPLICANT'S CORRECTION
Failure #1
The Applicant will correct the qualification failure by adopting amendments that satisfy
the requirements of TEFRA, OEFRA, and REA retroactively to the effective dates of the
specific provisions contained in the amendments.
Failure #2
The Applicant will correct the qualification failure by adopting amendments that satisfy
the requirements of TRA '86, UCA, and OBRA '93 retroactively tathe effective dates of
the specific provisions contained in the amendments.
Failure #3
The Applicant will correct the qualification failure by adopting amendments that satisfy
the requirements of GUST retroactively to the effective dates of the specific provisions
contained in the amendments.
Failure #4
The Applicant will correct the qualification failure by adopting interim amendments that
satisfy the requirements of EGTRRA retroactively to the applicable effective dates of the
specific provisions contained in the amendments.
Page 2 of 4
Retirement Plan for Employees of Richmond County
Failure #5
The Applicant will correct the qualification failure by adopting interim amendments that
satisfy the requirements of the Code section 401 (a)(9) final and temporary regulations
retroactively to the applicable effective dates of the specific provisions contained in the
amendments.
Failure #6
The Applicant will correct the qualification failure by adopting the 94 Group Annuity
Reserving mortality table effective for all distributions made on or after December 31,
2002.
III. APPLICANT'S REVISION OF ADMINISTRATIVE PROCEDURES
The Applicant has retained specialized employee benefits counsel to assist in keeping
the Plans up-to-date under the Code, and has undertaken itself to closely monitor Code
changes.
IV. APPLICANT'S PAYMENT
The Applicant will neither attempt to nor otherwise amortize, deduct, or recover from the
Service any compliance fee paid in connection with this compliance statement, nor
receive any Federal tax benefit on account of payment of such compliance fee.
V. ENFORCEMENT RESOLUTION
The Service will not pursue the sanction of plan disqualification on account of the
qualification failure(s) described in Part I.
The Service will treat the amendment(s) described in Failure number(s) 4, 5 and 6
above, as if they had been timely adopted for the purpose of making available the
extended remedial amendment period currently set forth in Revenue Procedure 2005-
66,2005-37 I.R.S. 509. However, this compliance statement does not constitute a
determination as to whether any such plan amendments, as drafted, complies with the
applicable change in qualification requirements.
This compliance statement considers only the acceptability of the correction method(s)
and the revision(s) of administrative procedures described in the submission and does
not express an opinion as to the accuracy or acceptability of any calculations or other
material submitted with the application. In no event may this compliance statement be
relied on for the purpose of concluding that the Plan or Plan Sponsor (as defined in the
applicable revenue procedure setting forth the Employee Plans Compliance Resolution
System) was not a party to an abusive tax avoidance transaction. The compliance
Page 3 of 4
Retirement Plan for Employees of Richmond County
statement should not be construed as affecting the rights of any party under any other
law, including Title I of the Employee Retirement Income Security Act of 1974.
This compliance statement is conditioned on (1) there being no misstatement or
omission of material facts in connection with the submission, and (2) the completion of
all corrections described in Parts" and III within one hundred fifty (150) days of the date
of the compliance statement.
By signing this compliance statement, the Applicant hereby agrees to its terms.
Augusta-Richmond County Commission
By: (Y- cf<i. Y
/J / 7"bST'
~a/)[0< iJ P)&~Ck~
4. C~ ~ {};;'JVYM-~
Title:
tf4l1-(r I'.......
Date:
II ~ -z- (;0
APproved:~~
Joyc ati, Manager
Employee Plans Voluntary Compliance
Tax Exempt and Government Entities Division
Page 4 of 4
r
INTERNAL REVENUE SERVICE
P. O. BOX 2508
CINCINNATI, OH 45201
DEPARTMENT OF THE TREASURY
Da te : FEB 1 3 2007
Employer Identification Number:
58-2204274
DLN:
406124003
Person to Contact:
KRYSTAL L KNIGHT ID# 11015
Contact Telephone Number:
(404) 338-8132
Plan Name:
RETIREMENT PLAN FOR EMPLOYEES
OF RICHMOND COUNTY
Plan Number: 003
AUGUSTA-RICHMOND COUNTY COMMISSION
701 GREENE ST STE 104
AUGUSTA, GA 30901
Dear Applicant:
We have made a favorable determination on the plan identified above based
on the information you have supplied. Please keep this letter, the application
forms submitted to request this letter and all correspondence with the Internal
Revenue Service regarding your application for a determination letter in your
permanent records. You must retain this information to preserve your reliance
on this letter.
Continued qualification of the plan under its present form will depend
on its effect in operation. See section 1.401-1(b)(3) of the Income Tax
Regulations. We will review the status of the plan in operation periodically.
The enclosed Publication 794 explains the significance and the scope of
this favorable determination letter based on the determination requests
selected on your application forms. Publication 794 describes the information
that must be retained to have reliance on this favorable determination letter.
The publication also provide examples of the effect of a plan's operation on
its qualified status and discusses the reporting requirements for qualified
plans. Please read Publication 794.
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.
This letter considers the amendments required by the Tax Reform of 1986,
except as otherwise specified in this letter.
This letter considers the changes in qualification requirements made by
the Uruguay Round Agreements Act, Pub. L. 103-465, the Small Business Job
Protection Act of 1996, Pub. L. 104-188, the Uniformed Services Employment
and Reemployment Rights Act of 1994, Pub. L. 103-353, the Taxpayer Relief Act
of 1997, Pub. L. 105-34, the Internal Revenue Service Restructuring and Reform
Act of 1998, Pub. L. 105-206, and the Community Renewal Tax Relief Act of 2000,
Pu b. L. 106 - 554 .
This letter may not be relied on with respect to whether the plan
Letter 835 (DO/CG)
-2-
AUGUSTA-RICHMOND COUNTY COMMISSION
satisfies the requirements of section 401(a) of the Code, as amended by the
Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107-16.
The requirement for employee benefits plans to file summary plan
descriptions (SPD) with the U.S. Department of Labor was eliminated effective
August 5, 1997. For more details, call 1-800-998-7542 for a free copy of the
SPD card.
The information on the enclosed addendum is an integral part of
this determination. Please be sure to read and keep it with this letter.
We have sent a copy of this letter to your representative as indicated in
the power of attorney.
If you have questions concerning this matter, please contact the person
whose name and telephone number are shown above.
Sincerely yours,
Robert P. Bell
Manager, EP Determinations
~-
//~l
Enclosures:
Publication 794
Addendum
Letter 835 (DO/CG)
-3-
AUGUSTA-RICHMOND COUNTY COMMISSION
This determination is conditioned upon your adoption of the proposed
restated plan as submitted with your or your representative's letter dated
11/22/06. The proposed plan should be adopted on or before the
date prescribed by the regulations under Code section 401(b).
This determination letter acknowledges receipt of the provisions intended
to satisfy the requirements of section 401(a) of the Code, as amended by the
Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107-16.
Letter 835 (DO/CG)
Augusta-Richmond County Commission
701 Green St., Suite 107
Augusta, GA 30901
Attn: County Attorney, Augusta Law Dept.
Steven E. Shepard, Esq.
-'..
DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
WASHINGTON, D.C. 20224
TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION
RECEIVED
FEB 1 6 2007
Date: FEB 1 3 2007
COUNTY ATTORNEY
Augusta-Richmond County Commission
701 Green St., Suite 107
Augusta, GA 30901
Attn: County Attorney, Augusta Law Dept.
Re: Compliance Statement for: Richmond Employees Pension Fund
Employer Identification Number: 58-2204274
Plan Number: 002
Control Number: 911638596
Dear Steven E. Shepard, Esq.:
Enclosed is your Compliance Statement. A Compliance Statement constitutes an enforcement
resolution solely with respect to certain failures of an employee retirement plan that is intended to satisfy the
requirements of the Internal Revenue Code. It does not constitute a ruling letter within the meaning of
Revenue Procedure 2006-4,2006-1 I.R.B. 132, or a determination letter within the meaning of Revenue
Procedure 2006-6,2006-1 I.R.B. 204. The Compliance Statement should not be construed as affecting the
rights of any party under any other law, including TrtJe I of the Employee Retirement Income Security Act of 1974.
The determination letter issued with respect to your recent application is also enclosed for your
reference.
At a later date, you may be required to verify that the correction of the failures and any modification of
administrative procedures (upon which your enforcement resolution is conditioned) have been timely made.
Copies of this Compliance Statement and a copy of this letter have been sent to your authorized
representative in accordance with a power of attorney on file in this office. If you have any questions, please
contact Krystal Knight, 10# 58-10281, by phone at (404) 338-8132 or by fax at (706) 546-2024.
Sincerely,
U/~
~
William M. Bond, Jr.
Manager, Voluntary Compliance Group 7553
Tax Exempt and Government Entities Division
Enclosure( s):
Compliance Statement
Copy of Determination Letter
1100 Commerce Street, Dallas, Texas 75242
"
INTERNAL REVENUE SERVICE
VOLUNTARY CORRECTION PROGRAM
COMPLIANCE STATEMENT
Date: FEB 1 3 2007
(to be completed by IRS)
Re: Richmond Employees Pension Fund
SE:T:EP:RA Control Number: 911638596
Employer Identification Number: 58-2204274
Plan No.: 002
I. APPLICANT'S DESCRIPTION OF QUALIFICATION FAILURE(S)
Augusta-Richmond County Commission (~Applicant") sponsors the Richmond
Employees Pension Fund ("Plan"), and has submitted a request to the Internal Revenue
Service ("the Service") under the Voluntary Correction Program for a compliance
statement relating to qualification failures under section 401 (a) of the Internal Revenue
Code ("Code"). The Plan uses the twelve-month period that ends on December 31 as its
plan year.
F aHure #1
The Plan was not amended to comply with the applicable requirements of the Tax
Equity and Fiscal Responsibility Act of 1982 ("TEFRA"), the Deficit Reduction Act of
1984 ("DEFRA"), and the Retirement Equity Act of 1984 ("REA") by the required dates
in accordance with section 401 (b) of the Code and regulations thereunder.
Failure #2
The Plan was not amended to comply with the applicable requirements of the Tax
Reform Act of 1986 ("TRA '86"). the Unemployment Compensation Amendments of
1992 ("UCA"), and the Omnibus Budget Reconciliation Act of 1993 ("0BRA '93") by the
required dates in accordance with section 401 (b) of Code and regulations thereunder.
Failure #3
The Plan was not amended to comply with the applicable requirements of the Uruguay
Round Agreements Act; the Uniformed Services Employment and Reemployment
Rights Act of 1994; the Small Business Job Protection Act of 1996; the Taxpayer Relief
Act of 1997; the Internal Revenue Service Restructuring and Reform Act of 1998; and
the Community Renewal Tax Relief Act of 2000 (collectively known as "GUST") by the
required dates in accordance with section 401 (b) of the Code and regulations
thereunder.
.
I
Richmond Employees Pension Fund
Failure #4
The Plan was not amended to incorporate the interim amendments required for
compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001
("EGTRRA") by the required date(s) in accordance with section 401 (b) of the Code and
regulations thereunder.
Failure #5
The Plan was not amended to comply with the requirements of the Code section
401 (a)(9) Final and Temporary Regulations, T.D. 8987, 2002-1 C.B. 852, by the
required date in accordance with section 40 1 (b) of the Code and regulations
thereunder.
Failure #6
The Plan was not amended to reflect the change in the prescribed mortality table under
Code sections 415(b)(2)(E)(v) and 417(e)(3)(A)(ii)(I) by the required date in accordance
with section 401 (b) of the Code and regulations thereunder.
II. APPLICANT'S CORRECTION
Failure #1
The Applicant will correct the qualification failure by adopting amendments that satisfy
the requirements of TEFRA, DEFRA, and REA retroactively to the effective dates of the
specific provisions contained in the amendments.
Failure #2
The Applicant will correct the qualification failure by adopting amendments that satisfy
the requirements of TRA '86, UCA, and OBRA '93 retroactively to the effective dates of
the specific provisions contained in the amendments.
Failure #3
The Applicant will correct the qualification failure by adopting amendments that satisfy
the requirements of GUST retroactively to the effective dates of the specific provisions
contained in the amendments.
Failure #4
The Applicant will correct the qualification failure by adopting interim amendments that
satisfy the requirements of EGTRRA retroactively to the applicable effective dates of the
specific provisions contained in the amendments.
Page 2 of 4
Richmond Employees Pension Fund
Failure #5
The Applicant will correct the qualification failure by adopting interim amendments that
satisfy the requirements of the Code section 401 (a)(9) final and temporary regulations
retroactively to the applicable effective dates of the specific provisions contained in the
amendments.
Failure #6
The Applicant will correct the qualification failure by adopting the 94 Group Annuity
Reserving mortality table effective for all distributions made on or after December 31 ,
2002.
III. APPLICANT'S REVISION OF ADMINISTRATIVE PROCEDURES
The Applicant has retained specialized employee benefits counsel to assist in keeping
the Plans up-to-date under the Code, and has undertaken itself to closely monitor Code
changes.
IV. APPLICANT'S PAYMENT
The Applicant will neither attempt to nor otherwise amortize, deduct, or recover from the
Service any compliance fee paid in connection with this compliance statement, nor
receive any Federal tax benefit on account of payment of such compliance fee.
V. ENFORCEMENT RESOLUTION
The Service will not pursue the sanction of plan disqualification on account of the
qualification failure(s) described in Part I.
The Service will treat the amendment(s) described in Failure number(s) 4,5 and 6
above, as if they had been timely adopted for the purpose of making available the
extended remedial amendment period currently set forth in Revenue Procedure 2005-
66,2005-37 I.R.B. 509. However, this compliance statement does not constitute a
determination as to whether any such plan amendments, as drafted, complies with the
applicable change in qualification requirements.
This compliance statement considers only the acceptability of the correction methodes)
and the revision(s) of administrative procedures described in the submission and does
not express an opinion as to the accuracy or acceptability of any calculations or other
material submitted with the application. In no event may this compliance statement be
relied on for the purpose of concluding that the Plan or Plan Sponsor (as defined in the
applicable revenue procedure setting forth the Employee Plans Compliance Resolution
System) was not a party to an abusive tax avoidance transaction. The compliance
Page 3 of 4
;/11
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Richmond Employees Pension Fund
statement should not be construed as affecting the rights of any party under any other
law, including Title I of the Employee Retirement Income Security Act of 1974.
This compliance statement is conditioned on (1) there being no misstatement or
omission of material facts in connection with the submission, and (2) the completion of
all corrections described in Parts II and III within one hundred fifty (150) days of the date
of the compliance statement.
By signing this compliance statement, the Applicant hereby agrees to its terms.
Augusta-Richmond County Commission
By:
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Title:
Date:
Approved: ~~
Joyce h, Manager
Employee Plans Voluntary Compliance
Tax Exempt and Government Entities Division
Page 4 of 4
INTERNAL REVENUE SERVICE
P. O. BOX 2508
CINCINNATI, OH 45201
DEPARTMENT OF THE TREASURY
Date: FEB 132007
AUGUSTA-RICHMOND COUNTY COMMISSION
C/O J MARK POERIO
875 15TH ST NW
WASHINGTON, DC 20005
Employer Identification Number:
58-2204274
DLN:
406124002
Person to Contact:
KRYSTAL L KNIGHT ID# 11015
Contact Telephone Number:
(404) 338-8132
Plan Name:
RICHMOND EMPLOYEES PENSION FUND
Plan Number: 002
Dear Applicant:
We have made a favorable determination on the plan identified above based
on the information you have supplied. Please keep this letter, the application
forms submitted to request this letter and all correspondence with the Internal
Revenue Service regarding your application for a determination letter in your
permanent records. You must retain this information to preserve your reliance
on this letter.
Continued qualification of the plan under its present form will depend
on its effect in operation. See section 1.401-1(b)(3) of the Income Tax
Regulations. We will review the status of the plan in operation periodically.
The enclosed Publication 794 explains the significance and the scope of
this favorable determination letter based on the determination requests
selected on your application forms. Publication 794 describes the information
that must be retained to have reliance on this favorable determination letter.
The publication also provide examples of the effect of a plan's operation on
its qualified status and discusses the reporting requirements for qualified
plans. Please read Publication 794.
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.
This letter considers the amendments required by the Tax Reform of 1986,
except as otherwise specified in this letter.
This letter considers the changes in qualification requirements made by
the Uruguay Round Agreements Act, Pub. L. 103-465, the Small Business Job
Protection Act of 1996, Pub. L. 104-188, the Uniformed Services Employment
and Reemployment Rights Act of 1994, Pub. L. 103-353, the Taxpayer Relief Act
of 1997, Pub. L. 105-34, the Internal Revenue Service Restructuring and Reform
Act of 1998, Pub. L. 105-206, and the Community Renewal Tax Relief Act of 2000,
Pub. L. 106-554.
This letter may not be relied on with respect to whether the plan
Letter 835 (DO/CG)
-2-
AUGUSTA-RICHMOND COUNTY COMMISSION
satisfies the requirements of section 401(a) of the Code, as amended by the
Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107-16.
The requirement for employee benefits plans to file summary plan
descriptions (SPD) with the U.S. Department of Labor was eliminated effective
August 5, 1997. For more details, call 1-800-998-7542 for a free copy of the
SPD card.
The information on the enclosed addendum is an integral part of
this determination. Please be sure to read and keep it with this letter.
We have sent a copy of this letter to your representative as indicated in
the power of attorney.
If you have questions concerning this matter, please contact the person
whose name and telephone number are shown above.
Sincerely yours,
/~~
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Robert P. Bell
Manager, EP Determinations
Enclosures:
Publication 794
Addendum
Letter 835 (DO/CG)
-3-
AUGUSTA-RICHMOND COUNTY COMMISSION
This determination is conditioned upon your adoption of the proposed
restated plan as submitted with your or your representative's letter dated
11/22/06. The proposed plan should be adopted on or before the
date prescribed by the regulations under Code section 401(b).
This determination letter acknowledges receipt of the provisions intend~d
to satisfy the requirements of section 401(a) of the Code, as amended bytb~
Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107-16.
Letter 835 (DO/CG)
,I
Augusta-Richmond County Commission
701 Green St., Suite 107
Augusta, GA 30901
Attn: County Attorney, Augusta Law Dept.
Steven E. Shepard, Esq.