Second 6-Year Cycle for Pre-Approved Defined Contribution Plans
For the IRS to consider an application for the current cycle, the pre-approved DC plan sponsor/practitioner must verify compliance with the first cycle in one of the following ways:
- stating that this is the first time for which an opinion or advisory letter has ever been requested;
- attaching the plan’s most recent opinion or advisory letter based on the Economic Growth and Tax Relief Reconciliation Act of 2001 and the 2004 Cumulative List; or
- including a satisfactory explanation of why an opinion or advisory letter for the plan was not requested during the first cycle and how the EGTRRA and 2004 Cumulative List qualification requirements were timely satisfied by employers who adopted the plan.
For example, if an M&P sponsor received an opinion letter for GUST, but did not secure a letter for EGTRRA and the 2004 Cumulative List, the IRS will not issue a letter to the plan in the current cycle unless the sponsor satisfies the third item above.
If a pre-approved DC plan sponsor/practitioner cannot satisfy one of the three conditions, they must correct this qualification failure under the Voluntary Correction Program before applying for an opinion or advisory letter in the current cycle.