Rp 2015-28

may impose an additional fee. If the
failure involves an Excess Amount
under a SEP or a SIMPLE IRA Plan
and the Plan Sponsor retains the Excess Amount in the SEP or SIMPLE
IRA Plan, a fee equal to at least
10% of the Excess Amount with no
adjustment for Earnings will be imposed. This is in addition to the SEP
or SIMPLE IRA Plan compliance
fee set forth in section 12.06(1).
.15 Appendix A .08 of Rev. Proc.
2013–12 is revised by replacing the reference to section 6.06(3) of Rev. Proc.
2013–12 in the last sentence with a reference to section 6.06(4). As revised, Appendix A .08 reads as follows:
.08 Failure to satisfy the § 415
limits in a defined contribution plan.
For limitation years beginning before January 1, 2009, the permitted
correction for failure to limit annual
additions (other than elective deferrals and after-tax employee contributions) allocated to participants in
a defined contribution plan as required in § 415 (even if the excess
did not result from the allocation of
forfeitures or from a reasonable error in estimating compensation) is
to place the excess annual additions
into an unallocated account, similar
to the suspense account described in
§ 1.415– 6(b)(6)(iii) (as it appeared
in the April 1, 2007 edition of 26
CFR part 1) prior to amendments
made by the final regulations under
§ 415, to be used as an employer
contribution, other than elective deferrals, in the succeeding year(s).
While such amounts remain in the
unallocated account, the Plan Sponsor is not permitted to make additional contributions to the plan. The
permitted correction for failure to
limit annual additions that are elective deferrals or after-tax employee
contributions (even if the excess did
not result from a reasonable error in
determining compensation, the
amount of elective deferrals or
after-tax employee contributions
that could be made with respect to
an individual under the § 415 limits)
is to distribute the elective deferrals
or after-tax employee contributions
using a method similar to that described under § 1.415– 6(b)(6)(iv)
(as it appeared in the April 1, 2007
edition of 26 CFR part 1) prior to
amendments made by the final reg-

April 20, 2015

ulations under § 415. Elective deferrals and after-tax employee contributions that are matched may be
returned to the employee, provided
that the matching contributions relating to such contributions are forfeited (which will also reduce excess annual additions for the
affected individuals). The forfeited
matching contributions are to be
placed into an unallocated account
to be used as an employer contribution, other than elective deferrals, in
succeeding periods. For limitation
years beginning on or after January
1, 2009, the failure to limit annual
additions allocated to participants in
a defined contribution plan as required in § 415 is corrected in accordance with section 6.06(2) and
(4) of this revenue procedure.
.16 In Appendix B, section 2.07(2)(b)
of Rev. Proc. 2013–12, the correction for
Example 26 is modified by replacing the
first reference to 2005 in the last sentence
with 2007. As revised, the correction
reads as follows:
Correction:
Employer K corrects the failure under VCP by adopting a plan amendment in 2007, effective January 1,
2005, to provide a hardship distribution option that satisfies the rules
applicable to hardship distributions in
§ 1.401(k)–1(d). The amendment provides that the hardship distribution
option is available to all employees.
Thus, the amendment satisfies
§ 401(a), and the plan as amended
in 2007 would have satisfied
§ 401(a) (including § 1.401(a)(4)– 4
and the requirements applicable to
hardship distributions under § 401(k)) if
the amendment had been adopted in
2005.
.17 Appendices C and D of Rev. Proc.
2013–12 are removed.
SECTION 5. EFFECT ON OTHER
DOCUMENTS

the provisions of this revenue procedure
on or after March 27, 2015.
SECTION 7. PUBLIC COMMENTS
The Treasury Department and the Service invite comments on this revenue procedure. Send submissions to CC:PA:LPD:
PR, (Rev. Proc. 2015–27), Room 5203,
Internal Revenue Service, PO Box 7604,
Ben Franklin Station, Washington, D.C.
20044. Comments may also be hand delivered Monday through Friday between
the hours of 8 a.m. and 4 p.m. to: Internal
Revenue Service, CC:PA:LPD:PR, (Rev.
Proc. 2015–27), Courier’s Desk, Internal
Revenue Service, 1111 Constitution Avenue, N.W., Washington DC. Alternatively,
comments may be submitted via the Internet
at notice.comments@irscounsel.treas.gov
(Rev. Proc. 2015–27). For the request for
comments in section 3.02(4) of this revenue
procedure, please submit written comments
by July 20, 2015. All comments will be
available for public inspection.
SECTION 8. PAPERWORK
REDUCTION ACT
The collection of information contained in Rev. Proc. 2013–12 has been
reviewed and approved by the Office of
Management and Budget in accordance
with the Paperwork Reduction Act (44
U.S.C. 3507) under control number
1545-1673. The modifications made in
this revenue procedure to Rev. Proc.
2013–12 do not impose any additional
paperwork burden.
SECTION 9. DRAFTING
INFORMATION
The principal author of this revenue
procedure is Kathleen Herrmann of the
Office of the Division Counsel/Associate
Chief Counsel (Tax Exempt and Government Entities). For further information regarding this revenue procedure, contact
Kathleen Herrmann or Vernon Carter at
(202) 317-6799 (not a toll-free number).

Rev. Proc. 2013–12 is modified by this
revenue procedure.

Rev. Proc. 2015–28
SECTION 6. EFFECTIVE DATE
SECTION 1. PURPOSE
This revenue procedure is generally effective July 1, 2015. However, Plan Sponsors are permitted, at their option, to apply

920

The Employee Plans Compliance Resolution System (“EPCRS”) sets forth a

Bulletin No. 2015–16

comprehensive system of correction programs for sponsors of retirement plans
that are intended to satisfy the requirements of § 401(a), 403(a), 403(b), 408(k),
or 408(p) of the Internal Revenue Code
(“Code”), but that have failed to meet
those requirements for a period of time.
The components of EPCRS are the SelfCorrection Program (“SCP”), the Voluntary Correction Program (“VCP”), and the
Audit Closing Agreement Program (“Audit CAP”). EPCRS permits plan sponsors
to correct failures and thereby continue to
provide employees with retirement benefits on a tax-favored basis. The most recent restatement of EPCRS is set forth in
Rev. Proc. 2013–12, 2013– 4 I.R.B. 313.
The following modifications to Rev. Proc.
2013–12 are reflected in this revenue procedure:
• New safe harbor EPCRS correction
methods relating to automatic contribution features (including automatic
enrollment and automatic escalation of
elective deferrals) in plans described in
§ 401(k) and § 403(b); and
• Special safe harbor correction methods
for plans (including those with automatic contribution features) that have
failures that are of limited duration and
involve elective deferrals.
SECTION 2. BACKGROUND
.01 Section 2.05 of Rev. Proc. 2013–12
provides that it is expected that the
EPCRS revenue procedure will continue
to be updated, in whole or in part, from
time to time, including in response to
questions received from the public.
.02 Section 2.05(2) of Rev. Proc.
2013–12 specifically requested comments
regarding methods to correct failures to
implement automatic contribution features (including automatic escalation features that were affirmatively elected) with
respect to elective deferrals in a § 401(k)
plan or a § 403(b) Plan.
.03 The Internal Revenue Service
(“Service”) has received comments requesting special correction methods with
respect to a failure to implement automatic contribution features. Commenters
have stated that the cost associated with
correcting failures to implement automatic contribution features under the current rules in EPCRS, as set forth in Rev.

Bulletin No. 2015–16

Proc. 2013–12, discourages employers
from adopting plans with automatic contribution features because implementation
errors are more common for plans with
automatic contribution features (particularly automatic escalation features). The
commenters also noted that implementation errors typically are discovered in connection with the preparation of a plan’s
Form 5500 series return/report for a plan
year. In addition, commenters expressed
the view that current EPCRS safe harbor
correction methods for the exclusion of
eligible employees in a § 401(k) plan or
§ 403(b) Plan, or for failing to implement
a salary reduction election in a § 401(k)
plan or § 403(b) Plan, create a “windfall”
for affected employees because those employees receive both their full salary and a
50% make-up corrective contribution.
Commenters argue that this correction
overcompensates affected participants for
failures that last a short period of time
because the participants usually have the
opportunity to increase elective deferrals
in later periods.
.04 The 50% make-up corrective contribution mentioned by commenters was
first provided with respect to the improper
exclusion of eligible employees in Rev.
Proc. 2006 –27, 2006 –1 C.B. 945, and
was extended to failures to implement employee elections with respect to elective
deferrals in Rev. Proc. 2008 –50, 2008 –2
C.B. 464. Previously, Rev. Proc. 2003–
44, 2003–1 C.B. 1051, had provided for a
make-up corrective contribution based on
the actual deferral percentage for an affected employee’s group multiplied by the
affected employee’s compensation. The
correction principle underlying the 50%
make-up corrective contribution was that
corrective contributions should make up
for the value of the lost opportunity for an
employee to have a portion of his or her
compensation accumulate with earnings
tax deferred in the future assuming the
participant would not have the opportunity to increase elective deferrals in later
periods to make up for missed contributions and earnings that would have accumulated until retirement.
.05 The Service is issuing this revenue
procedure to improve and update EPCRS
by making limited modifications to Rev.
Proc. 2013–12. These modifications to
EPCRS are described in Section 3, and

921

revisions to Rev. Proc. 2013–12 implementing these modifications are set forth
in Section 4.
.06 The Treasury Department and the
Service continue to invite further comments on how to improve EPCRS. For
information about how to submit comments, see section 7 of this revenue procedure.
SECTION 3. DESCRIPTION OF
MODIFICATIONS TO EPCRS
.01 Effect on programs. This revenue
procedure modifies, but does not supersede, Rev. Proc. 2013–12.
.02 Description of special safe harbor
methods to correct failures related to automatic contribution features in a § 401(k)
plan or § 403(b) Plan. This revenue procedure modifies the safe harbor correction
methods and examples in Appendices A
and B to Rev. Proc. 2013–12 to provide
alternative correction methods for Employee Elective Deferral Failures (as defined in section 3.04 of this revenue procedure) associated with missed elective
deferrals for eligible employees who are
subject to automatic contribution features
under § 401(k) plans or § 403(b) Plans
(including employees who made affirmative elections in lieu of automatic contributions but whose elections were not implemented correctly).
(1) Modified safe harbor correction
method for Employee Elective Deferral
Failures to implement an automatic contribution feature. If the failure to implement an automatic contribution feature for
an affected eligible employee or the failure to implement an affirmative election
of an eligible employee who is otherwise
subject to an automatic contribution feature does not extend beyond the end of the
9½ month period after the end of the plan
year of the failure (which is generally the
filing deadline of the Form 5500 series
return, including automatic extensions),
no qualified nonelective contribution
(“QNEC”) (as defined in § 1.401(k)– 6 of
the Income Tax Regulations) for the
missed elective deferrals is required, provided that the following conditions are
satisfied:
(a) correct deferrals begin no later than
the earlier of (i) the first payment of compensation made on or after the last day of
the 9½ month period after the end of the

April 20, 2015

plan year in which the failure first occurred for the affected eligible employee
or (ii) if the Plan Sponsor was notified of
the failure by the affected eligible employee, the first payment of compensation
made on or after the last day of the month
after the month of notification;
(b) notice of the failure that satisfies
specified requirements in new section
.05(8)(c) of Appendix A of Rev. Proc.
2013–12 is given to the affected eligible
employee not later than 45 days after the
date on which correct deferrals begin; and
(c) corrective contributions to make up
for any missed matching contributions are
made in accordance with timing requirements under SCP for significant operational failures (described in section 9.02
of Rev. Proc. 2013–12) and are adjusted
for Earnings. See section 9.04 of Rev.
Proc. 2013–12.
(2) Calculation of Earnings for certain
failures to implement automatic contribution features. This revenue procedure provides an alternative safe harbor method
for calculating Earnings for Employee
Elective Deferral Failures under § 401(k)
plans or § 403(b) Plans that have automatic contribution features and that are
corrected in accordance with the procedures in section 3.02(1) or 3.03 of this
revenue procedure. If an affected eligible
employee has not affirmatively designated
an investment alternative, missed Earnings may be calculated based on the plan’s
default investment alternative, provided
that, with respect to a correction made in
accordance with the procedures in section
3.02(1) of this revenue procedure, any cumulative losses reflected in the Earnings
calculation will not result in a reduction in
the required corrective contributions relating to any matching contributions.
(3) Availability of safe harbor correction method. The safe harbor correction
method under section 3.02(1) of this revenue procedure is available only for plans
with respect to failures that begin on or
before December 31, 2020. At a later date,
the Service will consider whether to extend the safe harbor correction method for
failures that begin in later years. In deciding whether to extend the safe harbor correction method, the Service will take into
account, among other relevant factors, the
extent to which there is an increase in the

April 20, 2015

number of plans implemented with automatic contribution features.
.03 Description of modifications to encourage the early correction of Employee
Elective Deferral Failures.
(1) Safe harbor correction method for
Employee Elective Deferral Failures that
do not exceed three months. This safe
harbor correction method creates a rolling
correction period for Employee Elective
Deferral Failures that do not exceed three
months. Under this safe harbor, no QNEC
for the missed elective deferrals is required provided that the following conditions are satisfied:
(a) correct deferrals begin no later than
the earlier of (i) the first payment of compensation made on or after the threemonth period that begins when the failure
first occurred for the affected eligible employee or (ii) if the Plan Sponsor was
notified of the failure by the affected eligible employee, the first payment of compensation made on or after the last day of
the month after the month of notification;
(b) notice of the failure that satisfies
specified requirements in new section
.05(9)(c) of Appendix A of Rev. Proc.
2013–12 is given to the affected eligible
employee not later than 45 days after the
date on which correct deferrals begin; and
(c) corrective contributions to make up
for any missed matching contributions are
made in accordance with timing requirements under SCP for significant operational failures (described in section 9.02
of Rev. Proc. 2013–12) and are adjusted
for Earnings. See section 9.04 of Rev.
Proc. 2013–12.
(2) Safe harbor correction method for
Employee Elective Deferral Failures that
extend beyond three months but do not
extend beyond the SCP correction period
for significant failures. This revenue procedure creates a safe harbor correction
method for Employee Elective Deferral
Failures if the period of failure exceeds
three months (or the conditions for the
safe harbor correction method described
in section 3.02 or 3.03(1) are not met by
the Plan Sponsor). This safe harbor correction would permit the Plan Sponsor to
make a corrective contribution equal to
25% of the missed deferrals (25% QNEC)
in lieu of the higher QNEC required in
sections .05(2)(b) and .05(5)(a) of Appendix A and section .02(1)(B) of Appendix

922

B to Rev. Proc. 2013–12. In order to use
this safe harbor correction, the Plan Sponsor must satisfy the following conditions:
(a) correct deferrals begin no later than
the earlier of (i) the first payment of compensation made on or after the last day of
the second plan year following the plan
year in which the failure occurred or (ii) if
the Plan Sponsor was notified of the failure by the affected eligible employee, the
first payment of compensation made on or
after the last day of the month after the
month of notification;
(b) notice of the failure that satisfies
specified requirements in new section
.05(9)(c) of Appendix A of Rev. Proc.
2013–12 is given to the affected eligible
employee not later than 45 days after the
date on which correct deferrals begin; and
(c) corrective contributions (including
the 25% QNEC and employer contributions to make up for any missed matching
contributions) are made in accordance
with timing requirements under SCP for
significant operational failures (described
in section 9.02 of Rev. Proc. 2013–12)
and are adjusted for Earnings. See section
9.04 of Rev. Proc. 2013–12.
.04 Employee Elective Deferral Failure. For purposes of this revenue procedure, an Employee Elective Deferral Failure is a failure to correctly implement
elective deferrals in a § 401(k) plan or
§ 403(b) Plan including elective deferrals
pursuant to an affirmative election or pursuant to an automatic contribution feature
(including an automatic escalation feature) and a failure to afford an employee
the opportunity to make an affirmative
election because the employee was improperly excluded from the plan.
SECTION 4. MODIFICATIONS TO
REV. PROC. 2013–12
.01 Appendix A of Rev. Proc. 2013–12
is revised to add the following new section .05(8) to Appendix A. As revised,
section .05(8) of Appendix A reads as
follows:
(8) Special safe harbor correction method for failures related to
automatic contribution features in a
§ 401(k) plan or a 403(b) Plan. (a)
Eligibility to use safe harbor correction method. This safe harbor
correction method is available for
certain Employee Elective Deferral

Bulletin No. 2015–16

Failures (as defined in section
.05(10) of this Appendix A) associated with missed elective deferrals
for eligible employees who are subject to an automatic contribution
feature in a § 401(k) plan or 403(b)
Plan (including employees who
made affirmative elections in lieu of
automatic contributions but whose
elections were not implemented correctly). If the failure to implement
an automatic contribution feature
for an affected eligible employee or
the failure to implement an affirmative election of an eligible employee
who is otherwise subject to an automatic contribution feature does
not extend beyond the end of the 9½
month period after the end of the
plan year of the failure (which is
generally the filing deadline of the
Form 5500 series return, including
automatic extensions), no QNEC
for the missed elective deferrals is
required, provided that the following conditions are satisfied:
(i) Correct deferrals begin no
later than the earlier of the first payment of compensation made on or
after the last day of the 9½ month
period after the end of the plan year
in which the failure first occurred
for the affected eligible employee
or, if the Plan Sponsor was notified
of the failure by the affected eligible
employee, the first payment of compensation made on or after the end
of the month after the month of notification;
(ii) Notice of the failure that satisfies the content requirements of
section .05(8)(c) of this Appendix A
is given to the affected eligible employee not later than 45 days after
the date on which correct deferrals
begin; and
(iii) If the eligible employee
would have been entitled to additional matching contributions had
the missed deferrals been made, the
Plan Sponsor makes a corrective
contribution (adjusted for Earnings)
on behalf of the employee equal to
the matching contributions that
would have been required under the
terms of the plan as if the missed
deferrals had been contributed to the
plan in accordance with timing requirements under SCP for significant operational failures (described
in section 9.02 of this revenue procedure).

Bulletin No. 2015–16

(b) Calculation of Earnings for
certain failures to implement automatic contribution features. This
correction method provides an alternative safe harbor method for calculating Earnings for Employee Elective Deferral Failures under
§ 401(k) plans or 403(b) Plans that
have automatic contribution features and that are corrected in accordance with the procedures in this
section .05(8). If an affected eligible
employee has not affirmatively designated an investment alternative,
missed Earnings may be calculated
based on the plan’s default investment alternative, provided that, with
respect to a correction made in accordance with the procedures in this
section .05(8), any cumulative
losses reflected in the Earnings calculation will not result in a reduction in the required corrective contributions relating to any matching
contributions. The Plan sponsor
may also use the Earnings adjustment methods set forth in section 3
of Appendix B of this revenue procedure.
(c) Content of notice requirement. The notice required under
section .05(8)(a)(ii) of this Appendix A must include the following
information:
(i) General information relating
to the failure, such as the percentage
of eligible compensation that should
have been deferred and the approximate date that the compensation
should have begun to be deferred.
The general information need not
include a statement of the dollar
amounts that should have been deferred.
(ii) A statement that appropriate
amounts have begun to be deducted
from compensation and contributed
to the plan (or that appropriate deductions and contributions will begin shortly).
(iii) A statement that corrective
contributions relating to missed
matching contributions have been
made (or that corrective contributions will be made). Information relating to the date and the amount of
corrective contributions need not be
provided.
(iv) An explanation that the affected participant may increase his
or her deferral percentage in order
to make up for the missed deferral

923

opportunity, subject to applicable
limits under section 402(g).
(v) The name of the plan and
plan contact information (including
name, street address, e-mail address, and telephone number of a
plan contact).
(d) Sunset of safe harbor correction method. The safe harbor correction method described in this section .05(8) of this Appendix A is
available for plans only with respect
to failures that begin on or before
December 31, 2020.
.02 Appendix A of Rev. Proc. 2013–12
is revised to add the following new section .05(9) to Appendix A. As revised,
section .05(9) of Appendix A reads as
follows:
(9) Safe harbor correction methods for Employee Elective Deferral
Failures in § 401(k) plans or 403(b)
Plans. (a) Safe harbor correction
method for Employee Elective Deferral Failures that do not exceed
three months. Under this safe harbor
correction method, an Employee
Elective Deferral Failure (as defined
in section .05(10) of this Appendix
A) can be corrected without a
QNEC for missed elective deferrals
if the following conditions are satisfied:
(i) Correct deferrals begin no
later than the earlier of the first payment of compensation made on or
after the last day of the three-month
period that begins when the failure
first occurred for the affected eligible employee or, if the Plan Sponsor
was notified of the failure by the
affected eligible employee, the first
payment of compensation made on
or after the end of the month after
the month of notification;
(ii) Notice of the failure that satisfies the content requirements of
section .05(9)(c) of this Appendix A
is given to the affected eligible employee not later than 45 days after
the date on which correct deferrals
begin; and
(iii) If the eligible employee
would have been entitled to additional matching contributions had
the missed deferrals been made, the
Plan Sponsor makes a corrective
contribution (adjusted for Earnings,
which may be calculated as described in section .05(8)(b) of this
Appendix A) on behalf of the em-

April 20, 2015

ployee equal to the matching contributions that would have been required under the terms of the plan as
if the missed deferrals had been
contributed to the plan in accordance with timing requirements under SCP for significant operational
failures (described in section 9.02 of
this revenue procedure).
(b) Safe harbor correction
method for Employee Elective Deferral Failures that extend beyond
three months but do not extend beyond the SCP correction period for
significant failures. This safe harbor
correction is for failures that exceed
three months (or the conditions for
the safe harbor correction method
described in section .05(8) or
.05(9)(a) of Appendix A of this revenue procedure are not met by the
Plan Sponsor). Under this safe harbor correction, the required corrective employer contribution is equal
to 25% of the missed deferrals (25%
QNEC) in lieu of the higher QNEC
required in sections .05(2)(b) and
.05(5)(a) of Appendix A of this revenue procedure. In order to use this
safe harbor correction method, the
Plan Sponsor must satisfy the following conditions:
(i) Correct deferrals begin no
later than the earlier of the first payment of compensation made on or
after the last day of the second plan
year following the plan year in
which the failure occurred or, if the
Plan Sponsor was notified of the
failure by the affected eligible employee, the first payment of compensation made on or after the end
of the month after the month of notification;
(ii) Notice of the failure that satisfies the content requirements of
section .05(9)(c) of this Appendix A
is given to an affected participant
not later than 45 days after the date
on which correct deferrals begin;
and
(iii) Corrective contributions (including the 25% QNEC and employer contributions to make up for
any missed matching contributions)
are made in accordance with timing
requirements under SCP for significant operational failures (described
in section 9.02 of this revenue procedure), including adjustments for
Earnings, which may be calculated

April 20, 2015

as described in section .05(8)(b) of
this Appendix A.
(c) Content of notice requirement. The notice required under
section .05(9)(a)(ii) and section
.05(9)(b)(ii) of this Appendix A
must include the following information:
(i) General information relating
to the failure, such as the percentage
of eligible compensation that should
have been deferred and the approximate date that the compensation
should have begun to be deferred.
The general information need not
include a statement of the dollar
amounts that should have been deferred.
(ii) A statement that appropriate
amounts have begun to be deducted
from compensation and contributed
to the plan (or that appropriate deductions and contributions will begin shortly).
(iii) A statement that corrective
contributions have been made (or
that corrective contributions will be
made). Information relating to the
date and the amount of corrective
contributions need not be provided.
(iv) An explanation that the affected participant may increase his
or her deferral percentage in order
to make up for the missed deferral
opportunity, subject to applicable
limits under section 402(g).
(v) The name of the plan and
plan contact information (including
name, street address, e-mail address, and telephone number of a
plan contact).
.03 Appendix A of Rev. Proc. 2013–12
is revised to add the following new section .05(10). As revised, section .05(10) of
Appendix A reads as follows:
(10) Employee Elective Deferral
Failure. For purposes of sections
.05(8) and .05(9) of this Appendix
A, an “Employee Elective Deferral
Failure” is a failure to implement
elective deferrals correctly in a
§ 401(k) plan or 403(b) Plan, including elective deferrals pursuant
to an affirmative election or pursuant to an automatic contribution feature under a § 401(k) plan or 403(b)
Plan, and a failure to afford an employee the opportunity to make an
affirmative election because the employee was improperly excluded
from the plan. Automatic contribu-

924

tion features include automatic enrollment and automatic escalation
features (including automatic escalation features that were affirmatively elected).
SECTION 5. EFFECT ON OTHER
DOCUMENTS
Rev. Proc. 2013–12 is modified by this
revenue procedure.
SECTION 6. EFFECTIVE DATE
This revenue procedure is effective
April 2, 2015.
SECTION 7. PUBLIC COMMENTS
The Treasury Department and the Service invite comments on this revenue procedure. Send submissions to CC:PA:LPD:
PR, (Rev. Proc. 2015–28), Room 5203,
Internal Revenue Service, PO Box 7604,
Ben Franklin Station, Washington, D.C.
20044. Comments may also be hand delivered Monday through Friday between
the hours of 8 a.m. and 4 p.m. to: Internal
Revenue Service, CC:PA:LPD:PR, (Rev.
Proc. 2015–28), Courier’s Desk, Internal
Revenue Service, 1111 Constitution Avenue, N.W., Washington DC. Alternatively,
comments may be submitted via the Internet
at notice.comments@irscounsel.treas.gov
(Rev. Proc. 2015–28). All comments will
be available for public inspection.
SECTION 8. PAPERWORK
REDUCTION ACT
The collection of information contained in this revenue procedure has been
reviewed and approved by the Office of
Management and Budget in accordance
with the Paperwork Reduction Act (44
U.S.C. 3507) under control number 15451673.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays
a valid OMB control number.
The collection of information in this
revenue procedure is in sections 4.01 and
4.02. This information is required to enable the Commissioner, Tax Exempt and
Government Entities Division of the Internal Revenue Service to consider the
issuance of various types of closing agreements and compliance statements. This

Bulletin No. 2015–16

information will be used to issue closing
agreements and compliance statements to
allow individual plans to continue to
maintain their tax favored status. As a
result, favorable tax treatment of the benefits of the eligible employees is retained.
The likely respondents are individuals,
state or local governments, businesses or
other for-profit institutions, nonprofit institutions, and small businesses or organizations.
The estimated total annual reporting or
recordkeeping burden is 5,643 hours.

Bulletin No. 2015–16

The estimated annual burden per respondent/recordkeeper varies from .5 to
10 hours, depending on individual circumstances, with an estimated average
of 5.25 hours. The estimated number of
respondents or recordkeepers is 1,075.
The estimated frequency of responses
is occasional.
Books or records relating to a collection of information must be retained as
long as their contents may become material in the administration of any internal revenue law. Generally tax returns

925

and tax return information are confidential, as required by 26 U.S.C. § 6103.
SECTION 9. DRAFTING
INFORMATION
The principal author of this revenue
procedure is Kathleen Herrmann of the
Office of the Division Counsel/Associate
Chief Counsel (Tax Exempt and Government Entities). For further information regarding this revenue procedure, contact
Kathleen Herrmann or Vernon Carter at
(202) 317-6799 (not a toll-free number).

April 20, 2015