What Is New In 2014 For Defined Contribution Plans?

The Internal Revenue Service (IRS) requires that plan sponsors restate qualified retirement plans every few years to incorporate changes in the law and discretionary amendments that occurred since the last restatement. Pre-approved prototype and volume submitter defined contribution plans have a 6-year restatement cycle meaning that these plans must be restated every 6 years. During the 6 year restatement cycle, the IRS gives plan sponsors a window of time, typically 2 years to restate their plan document. The last restatement cycle began on February 17, 2005, and IRS gave plan sponsors a restatement window that began on April 1, 2008 and ended on April 30, 2010, the last day all plans had to be restated to comply with provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA).

Has The Next Restatement Cycle for Pre-Approved Defined Contribution Plan Documents Started?

Yes. It started on February 1, 2011, when the IRS accepting applications for opinion and advisory letters for prototype and volume submitter plans reflecting changes made by the Pension Protection Act of 2006 (PPA) and subsequent legislation. This application submission period ended on January 31, 2012. After the submission period ended, the IRS began reviewing the plan documents submitted with the applications. Once the IRS completes its review and approves the plan documents, it will issue opinion and advisory letters and announce the deadline for employers to adopt the pre-approved plan documents.

When Will The IRS Issue The Opinion and Advisory Letters and Announce the Deadline to Restate Plan Documents?

Based on the EGTRRA restatement experience, many retirement plan professionals believe the IRS will issue opinion and advisory letters and announce the deadline to restate and adopt pre-approved plan documents in early 2014.

How Long After IRS Issues The Letters Will Sponsors Have To Restate Their Plan Documents?

Once IRS approves the pre-approved plan documents and issues opinion and advisory letters, plan sponsors will be given approximately 2 years to adopt the pre-approved documents.

How Will Plan Sponsors Know To Begin Restating Their Plan Documents?

For those plan sponsors using pre-approved prototype or volume submitter plan documents, Carroll Consultants, Ltd. will send communication letting you know that we are starting the restatement process. The communication will ask you to indicate whether you would like Carroll Consultants, Ltd. to restate your current plan document and whether you have any additional administrative changes you wish to make to your document during the restatement process.

Founded in the 1950s, Carroll Consultants, Ltd. has experienced professionals with a wealth of knowledge

about retirement plans. If you have any questions about this article or our services, please contact Marcie Carroll, at mcarroll@cclbenefits.com, or (610) 225-1210.