September 14, 2012 – The IRS has updated procedures within the Internal Revenue Manual that apply to obtaining a determination letter for a multiple employer plan (MEP). This update follows on the heels of the Department of Labor issuing a ruling (Advisory Opinion 2012-04A) describing what does and does not constitute a legitimate MEP. The updated IRS procedures indicate that a submission for a MEP determination letter must identify the “lead plan” (i.e., the plan of the lead employer establishing this MEP).
The updated section of the Internal Revenue Manual may be accessed as follows.
http://www.irs.gov/irm/part7/irm_07-011-007.html