My employer just instituted an annual 'account recordkeeping fee' for our 401(k) / ESOP plan. The plan documents claim that the fees will be deducted quarterly from our accounts.

As much as I do not like the fee, I understand that it's coming and we're paying it, and there's not much that can be done about it. However, I would much, much rather pay the fee out of pocket, via payroll deduction or direct billing, than out of my retirement plan assets.

I used to have an IRA custodian that charged an annual fee (I have since moved my IRA to a no-annual-fee provider). On their bill every year, the following was printed: "The IRS has issued a Private Letter Ruling (PLR 8329049, dated 4-19-83) to the effect that if you remit the yearly service fee by the due date, it is deductible subject to your tax limitations; and it will not reduce the amount you may contributre to your retirement plan."

How can I figure out if the same applies to Employer Sponsored Qualified Retirement Plans? If so, it would be a great data point to give to our administrator to potentially get the policy changed. I cannot find the Private Letter Ruling on the web, and I haven't the foggiest on where to look. I want to be as helpful to our benefits administrator as possible, to get this policy changed.

Could someone please help me figure out where to look?

Thanks,
-Chuck