rp-20-10.pdf

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Rev. Proc. 2020-10

SECTION 1. PURPOSE
This revenue procedure provides that the third six-year remedial amendment
cycle for pre-approved defined benefit plans begins on May 1, 2020, and ends on
January 31, 2025. It further provides that the on-cycle submission period for providers
to submit applications for opinion letters for pre-approved defined benefit plans begins
on August 1, 2020, and ends on July 31, 2021.
SECTION 2. BACKGROUND
.01 Rev. Proc. 2016-37, 2016-29 I.R.B. 136, provides that every pre-approved
plan has a regular, six-year remedial amendment cycle. It also sets forth schedules for
the second six-year remedial amendment cycle for pre-approved defined benefit plans
(beginning on February 1, 2013, and ending on January 31, 2019) and for the third six-
year remedial amendment cycle for pre-approved defined benefit plans (beginning on
February 1, 2019, and ending on January 31, 2025). However, it further provides that
the Internal Revenue Service (IRS) may revise the schedules for remedial amendment
cycles for pre-approved plans to respond to changing circumstances and the needs of
plan sponsors and that any such revisions and the timing of the submission periods
within each cycle will be announced in future guidance.
.02 Announcement 2018-05, 2018-13 I.R.B. 461, provides that the second six-
year remedial amendment cycle for pre-approved defined benefit plans ends on April
30, 2020 (rather than on January 31, 2019, as originally set forth in Rev. Proc. 2016-
37). Announcement 2018-05 also states that the IRS will announce in future guidance a

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delayed beginning date for the third six-year remedial amendment cycle for pre-
approved defined benefit plans.
.03 Rev. Proc. 2017-41, 2017-29 I.R.B. 92, modifies the pre-approved letter
program by combining the master and prototype and volume submitter programs into a
new opinion letter program. Under this program, providers of pre-approved plans may
apply for new opinion letters once every six years. Rev. Proc. 2017-41 sets forth the
procedures for obtaining opinion letters for qualified pre-approved plans submitted with
respect to the third (and subsequent) six-year remedial amendment cycles. Pre-
approved defined contribution plans have different six-year remedial amendment cycles
than pre-approved defined benefit plans. Thus, the same six-year remedial amendment
cycle applies with respect to all pre-approved defined contribution plans, and a separate
six-year remedial amendment cycle applies with respect to all pre-approved defined
benefit plans.
.04 Rev. Proc. 2016-37 and Rev. Proc. 2017-41 provide that the IRS will review
plans that have been submitted during the applicable on-cycle submission period for a
six-year remedial amendment cycle, taking into account the applicable Cumulative List
of Changes in Plan Qualification Requirements that identifies changes in the
qualification requirements of the Internal Revenue Code as well as items of published
guidance relating to the plan qualification requirements. Rev. Proc. 2017-41 provides
that when the review of a remedial amendment cycle for pre-approved plans has neared
completion, the IRS will announce the date by which adopting employers must adopt
the newly approved plans.

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SECTION 3. THIRD SIX-YEAR REMEDIAL AMENDMENT CYCLE AND ON-CYCLE
SUBMISSION PERIOD FOR PROVIDERS OF PRE-APPROVED DEFINED BENEFIT
PLANS

.01 The third six-year remedial amendment cycle for pre-approved defined
benefit plans begins on May 1, 2020, and ends on January 31, 2025 (the same end
date set forth in Rev. Proc. 2016-37).
.02 The on-cycle submission period for pre-approved defined benefit plan
providers to submit applications for opinion letters with respect to the third six-year
remedial amendment cycle begins on August 1, 2020, and ends on July 31, 2021.
.03 When the IRS review process for pre-approved defined benefit plans for the
thi rd six-year remedial amendment cycle has neared completion, the IRS will announce
the date by which adopting employers must adopt the newly approved plans and, if they
are otherwise eligible, apply for an individual determination letter.
SECTION 4. EFFECT ON OTHER DOCUMENTS
Rev. Proc. 2016-37 and Rev. Proc. 2017-41 are modified.
SECTION 5. EFFECTIVE DATE
This revenue procedure is effective December 16, 2019.
SECTION 6. PAPERWORK REDUCTION ACT
The collection of information contained in Rev. Proc. 2017-41 has been reviewed
and approved by the Office of Management and Budget in accordance with the
Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545-1674.
SECTION 7. DRAFTING INFORMATION
The principal author of this revenue procedure is Arslan Malik of the Office of
Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment

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Taxes). For further information regarding this revenue procedure contact Employee
Plans at (513) 975-6319 (not a toll-free number).