As an alternative to the Internal Revenue Service private letter ruling required pursuant to 5:37-3.4, the resolution of an employer adopting a prototypical plan shall certify that the employer is adopting a plan substantially similar to one on which a satisfactory Internal Revenue Service private letter ruling has been obtained, except for provisions added by reason of the Small Business Job Protection Act of 1996 (United States Public Law No. 104-188), the Taxpayer Relief Act of 2001 (United States Public Law No. 105-34), and the Economic Growth and Tax Relief Reconciliation Act of 2001 (United States Public Law No. 107-16), and that all such provisions are stated in the plan in terms substantially similar to the text of those provisions in the Internal Revenue Code §457. The certification shall also indicate the use of the ruling is for guidance only and the realization that for Internal Revenue Service purposes, the ruling of another employer is not to be considered precedent.
N.J. Admin. Code § 5:37-3.5
See: 29 New Jersey Register 2743(a), 29 New Jersey Register 3805(a).
In the first sentence, added the exception for provisions added by reason of the Small Business Job Protection Act of 1996.
Amended by R.2005 d.349, effective 10/17/2005.
See: 37 New Jersey Register 1278(a), 37 New Jersey Register 3975(b).
Added ", the Taxpayer Relief Act of 2001 (United States Public Law No. 105-34), and the Economic Growth and Tax Relief Reconciliation Act of 2001 (United States Public Law No. 107-16),".