Periodically the Internal Revenue Service requires that the University submit applications for determination letters on the qualified status under the Internal Revenue Code of the University of Nebraska Retirement Plan and Retirement Plan for Federal Retirement System Participants. The Plans are being submitted on June 28, 2002, and the Notices to Interested Parties set forth below relate to these submissions. The Notices are in a form required by Internal Revenue Service procedures. The Plan documents which are being submitted incorporate provisions required by amendments to the Internal Revenue Code and regulatory changes since 1989, the year that the plans were established, through 2000, as well as other amendments to the Plans adopted since 1989. You have the right to request and receive the Notices in the form of a written paper document at no charge by contacting Keith Dietze, Director of Benefits, University of Nebraska, Varner Hall, 3835 Holdrege Street, P.O. Box 830742, Lincoln, NE 68583-0742, by email at kdietze@uneb.edu, or by telephone at (402) 472-7162.
The Plans are also being amended to allow the Plans to be operated in accordance with certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (“the 2001 Tax Act”). However, those amendments are not included in the amended and restated Plan documents, as the Internal Revenue Service is not issuing determination letters with respect to plan provisions related to the 2001 Tax Act.
The material provisions of the Plans, including contribution percentages and participation requirements, are not changing.
NOTICE TO INTERESTED PARTIES
1.Notice To: Employees of the Board of Regents of the University of Nebraska.
An application is to be made to the Internal Revenue Service for an advance determination on the qualification of the following employee pension benefit plan (“Plan”) as amended and restated:
2.Name of Plan: University of Nebraska Retirement Plan
3.Plan Number: 001
4.Name and Address of Applicant:
Board of Regents of the University of Nebraska
3835 Holdrege
Lincoln, NE 68583-0745
5.Applicant EIN: 47-0491233
6.Name and Address of Plan Administrator:Same as Applicant
7.The application will be filed on June 28, 2002, for an advance determination as to whether the Plan meets the qualification requirements of section 401 or 403(a) of the Internal Revenue Code of 1986, with respect to the Plan’s restatement.
The application will be filed with:
EP Determinations
Internal Revenue Service
P.O. Box 192
Covington, KY 41012-0192
8.The employees eligible to participate under the Plan are employees of the Board of Regents of the University of Nebraska (the “University”) whose employment status is one half of a full time equivalent or greater, other than: employees with respect to whom the University is not subject to Old Age, Survivors and Disability Insurance under the Federal Insurance Contributions Act and who are covered by other Federal pension benefits; individuals whom the University considers to be leased employees, independent contractors, or contractor’s employees; University of Nebraska Medical Center House Officers; Post-Doctoral Appointments; graduate assistants and other student employees; employees, not otherwise excluded, whom the University has deemed to have been employed for a specific time period or project, described as “Temporary Employees;” and Employees with any job title modified by the term “visiting.”
9.The Internal Revenue Service has previously issued a determination letter with respect to the qualification of this Plan.
RIGHTS OF INTERESTED PARTIES
10.You have the right to submit to EP Determinations, at the above address, either individually or jointly with other interested parties, your comments as to whether this Plan meets the qualification requirements of the Internal Revenue Code. You may instead, individually or jointly with other interested parties, request the Department of Labor to submit, on your behalf, comments to EP Determinations regarding qualification of the Plan. If the Department declines to comment on all or some of the matters you raise, you may, individually, or jointly if your request was made to the Department jointly, submit your comments on these matters directly to EP Determinations.
REQUESTS FOR COMMENTS BY THE DEPARTMENT OF LABOR
11.The Department of Labor may not comment on behalf of interested parties unless requested to do so by the lesser of 10 employees or 10 percent of the employees who qualify as interested parties. The number of persons needed for the Department to comment with respect to this Plan is 10. If you request the Department to comment, your request must be in writing and must specify the matters upon which comments are requested, and must also include:
(1) the information contained in items 2 through 5 of this Notice; and
(2) the number of persons needed for the Department to comment.
A request to the Department to comment should be addressed as follows:
Deputy Assistant Secretary
Pension and Welfare Benefits Administration
ATTN: 3001 Comment Request
U.S. Department of Labor,
200 Constitution Avenue, N.W.
Washington, D.C. 20210
COMMENTS TO THE INTERNAL REVENUE SERVICE
12.Comments submitted by you to EP Determinations must be in writing and received by it by August 12, 2002. However, if there are matters that you request the Department of Labor to comment upon on your behalf, and the Department declines, you may submit comments on these matters to EP Determinations to be received by it within 15 days from the time the Department notifies you that it will not comment on a particular matter, or by August 12, 2002, whichever is later, but not after August 27, 2002. A request to the Department to comment on your behalf must be received by it by July 13, 2002, if you wish to preserve your right to comment on a matter upon which the Department declines to comment, or by July 23, 2002, if you wish to waive that right.
ADDITIONAL INFORMATION
13.Detailed instructions regarding the requirements for notification of interested parties may be found in sections 17 and 18 of Rev. Proc. 2002-6. Additional information concerning this application (including, where applicable, an updated copy of the plan and related trust; the application for determination; any additional documents dealing with the application that have been submitted to the Service; and copies of section 17 of Rev. Proc. 2002-6) are available at the Office of Director of Employee Benefits, 3835 Holdrege, Lincoln, NE 68583-0742 during the hours of 8:00 A.M. to 4:30 P.M. for inspection and copying. (There is a nominal charge for copying and/or mailing.)
NOTICE TO INTERESTED PARTIES
1.Notice To: Employees of the Board of Regents of the University of Nebraska eligible to participate in the University of Nebraska Retirement Plan for Federal Retirement System Participants.
An application is to be made to the Internal Revenue Service for an advance determination on the qualification of the following employee pension benefit plan (“Plan”) as amended and restated:
2.Name of Plan: University of Nebraska Retirement Plan for Federal Retirement System Participants
3.Plan Number: 002
4.Name and Address of Applicant:
Board of Regents of the University of Nebraska
3835 Holdrege
Lincoln, NE 68583-0745
5.Applicant EIN: 47-0491233
6.Name and Address of Plan Administrator:Same as Applicant
7.The application will be filed on June 28, 2002, for an advance determination as to whether the Plan meets the qualification requirements of section 401 or 403(a) of the Internal Revenue Code of 1986, with respect to the Plan’s restatement.
The application will be filed with:
EP Determinations
Internal Revenue Service
P.O. Box 192
Covington, KY 41012-0192
8.The employees eligible to participate under the Plan are only those employees of the Board of Regents of the University of Nebraska (the “University”) with respect to whom the University is not subject to Old Age, Survivors and Disability Insurance under the Federal Insurance Contributions Act, who are covered by other Federal pension benefits and whose employment status is one half of a full time equivalent or greater. All other employees are excluded. Also excluded are individuals whom the University considers to be leased employees, independent contractors, or contractor’s employees; University of Nebraska Medical Center House Officers, Post-Doctoral Appointments; graduate assistants and other student employees; employees, not otherwise excluded, whom the University has deemed to have been employed for a specific time period or project, described as “Temporary Employees;” and Employees with any job title modified by the term “visiting.
9.The Internal Revenue Service has previously issued a determination letter with respect to the qualification of this Plan.
RIGHTS OF INTERESTED PARTIES
10.You have the right to submit to EP Determinations, at the above address, either individually or jointly with other interested parties, your comments as to whether this Plan meets the qualification requirements of the Internal Revenue Code. You may instead, individually or jointly with other interested parties, request the Department of Labor to submit, on your behalf, comments to EP Determinations regarding qualification of the Plan. If the Department declines to comment on all or some of the matters you raise, you may, individually, or jointly if your request was made to the Department jointly, submit your comments on these matters directly to EP Determinations.
REQUESTS FOR COMMENTS BY THE DEPARTMENT OF LABOR
11.The Department of Labor may not comment on behalf of interested parties unless requested to do so by the lesser of 10 employees or 10 percent of the employees who qualify as interested parties. The number of persons needed for the Department to comment with respect to this Plan is 9. If you request the Department to comment, your request must be in writing and must specify the matters upon which comments are requested, and must also include:
(1) the information contained in items 2 through 5 of this Notice; and
(2) the number of persons needed for the Department to comment.
A request to the Department to comment should be addressed as follows:
Deputy Assistant Secretary
Pension and Welfare Benefits Administration
ATTN: 3001 Comment Request
U.S. Department of Labor,
200 Constitution Avenue, N.W.
Washington, D.C. 20210
COMMENTS TO THE INTERNAL REVENUE SERVICE
12.Comments submitted by you to EP Determinations must be in writing and received by it by August 12, 2002. However, if there are matters that you request the Department of Labor to comment upon on your behalf, and the Department declines, you may submit comments on these matters to EP Determinations to be received by it within 15 days from the time the Department notifies you that it will not comment on a particular matter, or by August 12, 2002, whichever is later, but not after August 27, 2002. A request to the Department to comment on your behalf must be received by it by July 13, 2002, if you wish to preserve your right to comment on a matter upon which the Department declines to comment, or by July 23, 2002, if you wish to waive that right.
ADDITIONAL INFORMATION
13.Detailed instructions regarding the requirements for notification of interested parties may be found in sections 17 and 18 of Rev. Proc. 2002-6. Additional information concerning this application (including, where applicable, an updated copy of the plan and related trust; the application for determination; any additional documents dealing with the application that have been submitted to the Service; and copies of section 17 of Rev. Proc. 2002-6) are available at the Office of Director of Employee Benefits, 3835 Holdrege, Lincoln, NE 68583-0742 during the hours of 8:00 A.M. to 4:30 P.M. for inspection and copying. (There is a nominal charge for copying and/or mailing.)