The IRS posted Listings of Required Modifications (LRMs) for pre-approved defined contribution plans on IRS.gov on November 2, 2017. Plan document providers applying for IRS opinion letters during the third defined contribution pre-approved plan cycle (October 2, 2017 - October 1, 2018) may use the revised LRMs to draft or amend their plans. No additional amendments will be made to the defined contribution plan LRMs until the beginning of the fourth cycle submission period in 2023.
LRMs contain model plan language:
- for laws effective during the third remedial amendment cycle
- that reflects qualification requirements and guidance in the 2017 Cumulative List (Notice 2017-37).
Find LRMs for these plan types:
- Defined Contribution Listing of Required Modifications and Information Package (LRM)
- Cash or Deferred Arrangement (CODA) Listing of Required Modifications and Information Package (LRM)
- Employee Stock Ownership Plan Listing of Required Modifications and Information Package (LRM)
The IRS pre-approved plan program changed, as announced in Revenue Procedure 2017-41. For example:
- Two types of pre-approved plans – the IRS recognizes standardized and non-standardized plans. Standardized plans are safe harbor plans, whereas non-standardized plans adopt the flexibility of plans under the predecessor Volume Submitter program.
- Separate trust document – trust and custodial agreements must be segregated and the plan must contain a provision that its terms will govern in case of a conflict (see Defined Contribution LRM #81). The IRS does not review trust documents.