EX-5.2 4 d78077dex52.htm DETERMINATION LETTER Determination Letter

EXHIBIT 5.2

 

INTERNAL REVENUE SERVICE   DEPARTMENT OF THE TREASURY
P. O. BOX 2508  
CINCINNATI, OH 45201   FEB 10 2012
 
  Employer Identification Number:
Date: FEB 06 2012  

41-0919654

  DLN:
APOGEE ENTERPRISES INC  

500055005

C/O TERRY-LYNNE LASTOVICH   Person to Contact:
DORSEY & WHITNEY LLP  

DANIEL LUNGER                        ID# 11091

50 SOUTH SIXTH ST STE 1500   Contact Telephone Number:
MINNEAPOLIS, MN 55402  

(908) 301-2648

  Plan Name:
 

APOGEE ENTERPRISES INC 401(K)

 

RETIREMENT PLAN

  Plan Number: 005

Dear Applicant:

We have made a favorable determination on the plan identified above based on the information you have supplied. Please keep this letter, the application forms submitted to request this letter and all correspondence with the Internal Revenue Service regarding your application for a determination letter in your permanent records. You must retain this information to preserve your reliance on this letter.

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 Publication 794 explains the significance and the scope of this favorable determination letter based on the determination requests selected on your application forms. Publication 794 describes the information that must be retained to have reliance on this favorable determination letter. The publication also provides examples of the effect of a plan’s operation on its qualified status and discusses the reporting requirements for qualified plans. Please read Publication 794.

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 gives no reliance for any qualification change that becomes effective, any guidance published, or any statutes enacted, after the issuance of the Cumulative List (unless the item has been identified in the Cumulative List) for the cycle under which this application was submitted.

This letter may not be relied on after the end of the plan’s first five-year remedial amendment cycle that ends more than 12 months after the application was received. This letter expires on January 31, 2015. This letter considered the 2008 Cumulative List of Changes in Plan Qualification Requirements.

This determination letter is applicable for the amendment(s) executed

 

Letter 2002 (DO/CG)


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APOGEE ENTERPRISES INC

 

on 12-23-02 & 12-27-04.

This determination letter is also applicable for the amendment(s) dated on 5-27-05 & 12-2-05.

This determination letter is also applicable for the amendment(s) dated on 12-13-06 & 2-28-08.

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 Form 2848 Power of Attorney or appointee as indicated by the Form 8821 Tax Information Authorization.

If you have questions concerning this matter, please contact the person whose name and telephone number are shown above.

 

Sincerely,
/s/ Andrew E. Zuckerman
Andrew E. Zuckerman
Director, EP Rulings & Agreements

 

Enclosures:

  

Publication 794

  

Addendum

  

 

Letter 2002 (DO/CG)


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APOGEE ENTERPRISES INC

 

This determination letter relates to the following executed amendments: 3-20-09; 12-14-09 and 2-1-10

 

Letter 2002 (DO/CG)