EXHIBIT 5
INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
DISTRICT DIRECTOR
PO BOX 2508
CINCINNATI, OH 45201 Employer Identification Number:
51-0297083
Date: Feb. 4, 1999 DLN:
17007007055008
ANNTAYLOR INC Person to Contact:
C/O GAYLE B MCGRATH JOYCE A. HEINBUCH ID# 31004
WYATT TARRANT & COMBS Contact Telephone Number:
250 WEST MAIN ST STE 1500 (877) 829-5500
LEXINGTON, KY 40507
Plan Name:
SAVINGS 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 is subject to your adoption of the proposed amendments
submitted in your letter dated 11/23/98. The proposed amendments should be
adopted on or before the date prescribed by the regulations under Code section
401 (b).
This determination letter is applicable for the amendment (s) executed on
11/15/96 and 6/17/98.
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 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 in the plan's
coverage group. For this purpose, the plan's coverage group consists of those
employees treated as currently benefiting for purposes of
Letter 835 (DO/CG)
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ANNTAYLOR INC.
demonstrating that the plan satisfies the minimum coverage requirements of
section 410 (b) of the Code.
This plan also satisfies the requirements of section 1.401 (a) (4)-4
(b) of the requlations with respect to the specific benefits, rights, or
features for which you have provided information.
This letter considers the amendments required by the Tax Reform of
1986, except as otherwise specified in this letter.
Except as otherwise specified, this letter may not be relied upon with
respect to whether the plan satisfies the changes in the qualification
requirements made by the Uruguay Round Amendments Act (GATT) Pub. L.
103-465, the Taxpayer Relief Act of 1997 Pub. L. 105-34, and the changes in
the qualification requirements of the Small Business Job Protection Act of
1996 Pub. L. 104-188 other than the requirements of Code section 401 (a)
(26).
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.
The requirement for employee benefits plans to file summary plan
descriptions (SPD) with the U.S. Department of Labor was eliminated
effective August 5, 1997. For more details, call 1-800-998-7542 for a free
copy of the SPD card.
The information on the enclosed addendum 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/ illegible
District Director
Enclosures:
Publication 794
Addendum
Letter 835 (DO/ CG)
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ANNTAYLOR, INC.
This letter supercedes our previous letter dated January 5, 1999.
Letter 835 (DO/CG)
