EXHIBIT 5.2
INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
DISTRICT DIRECTOR
2 CUPANIA CIRCLE
MONTEREY PARK, CA 91755-7431
Date: APR 25 1997 Employer Identification Number:
93-0881026
File Folder Number:
911009363
BIOJECT, INC. Person to Contact:
7620 SW BRIDGEPORT ROAD CATALINA C. ARCA
PORTLAND, OR 97224 Contact Telephone Number:
(213) 725-0164
Plan Name:
BIOJECT, INC. 401(K)
RETIREMENT BENEFIT PLAN
Plan Number: 001
Dear Applicant:
We have made a favorable determination on your plan, identified above,
based on the information supplied. Please keep this letter in your permanent
records.
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 document explains the significance of this favorable
determination letter, points out some events that may affect the qualified
status of your employee retirement plan, and provides information on the
reporting requirements for your plan. It also describes some events that
automatically nullify it. It is very important that you read the publication.
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 determination letter is applicable for the amendment(s) dated on
December 09, 1996.
This determination letter is applicable for the plan adopted on March 08,
1994.
This plan has been mandatorily disaggregated, permissively aggregated, or
restructured to satisfy the nondiscrimination requirements.
This plan satisfies the nondiscrimination in amount requirement of section
1.401(a)(4) - 1(b)(2) of the regulations on the basis of a design-based safe
harbor described in the regulations.
This letter is issued under Rev. Proc. 93-39 and considers the amendments
required by the Tax Reform Act of 1986 except as otherwise specified in this
letter.
This plan satisfies the nondiscriminatory current availability requirements
of section 1.401(a)(4) - 4 (b) of the regulations with respect to those
benefits, rights and features that are currently available to all employees
Letter 835 (DO/CG)
<PAGE>
-2-
BIOJECT, INC.
in the plan's coverage group. For this purpose, the plan's coverage group
consists of those employees treated as currently benefitting for purposes of
demonstrating that the plan satisfies the minimum coverage requirements of
section 410(b) of the Code.
Except as otherwise specified this letter may not be relied upon with
respect to whether the plan satisfies the qualification requirements as amended
by the Uruguay Round Agreements Act, Pub. L. 103-465 and by the Small Business
Job Protection Act of 1995 (SBJPA), Pub. L. 104-108, other than the requirements
of Code section 401(a)(26).
Based upon the information supplied, we have determined that your plan
meets the requirements of section 401(k) of the Internal Revenue Code.
The information on the enclosed Publication 794 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
/s/ Steven A. Jensen
-------------------------------------------
Steven A. Jensen
District Director
Enclosures:
Publication 794
Reporting & Disclosure Guide
For Employee Benefit Plans
Letter 835 (DO/CG)
