n-22-62.pdf

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2022 Required Amendments List for Individually Designed Qualified and Section 403(b)
Plans

Notice 2022-62

I. PURPOSE

This notice sets forth the 2022 Required Amendments List (2022 RA List). The
Required Amendments List (RA List) applies to both individually designed plans
qualified under section 401(a) of the Internal Revenue Code (Code) (qualified
individually designed plans) and individually designed plans that satisfy the
requirements of section 403(b) (section 403(b) individually designed plans).

Section 5 of Rev. Proc. 2022-40, 2022-47 IRB 487, provides generally that,
except as otherwise provided by statute or in regulations or other guidance published in
the Internal Revenue Bulletin (IRB), in the case of an individually designed qualified or
section 403(b) plan that is not a governmental plan within the meaning of section
414(d), the remedial amendment period for (1) a disqualifying provision or (2) a form
defect first occurring after June 30, 2020, that arises as a result of a change in
qualification requirements or section 403(b) requirements, as applicable, expires on the
last day of the second calendar year that begins after the issuance of the RA List on
which the change in qualification requirements or section 403(b) requirements appears.
Pursuant to section 5.03(1)(c) and section 6.01 of Rev. Proc. 2022-40, December 31,
2024, generally is both the last day of the remedial amendment period and the plan
amendment deadline with respect to (1) a disqualifying provision arising as a result of a
change in qualification requirements that appears on the 2022 RA List, and (2) a form
defect arising as a result of a change in section 403(b) requirements that appears on
the 2022 RA List. Later dates may apply to a governmental plan within the meaning of
section 414(d) pursuant to section 5.03(2)(c) of Rev. Proc. 2022-40. References to
qualification requirements and to section 403(b) requirements in Parts III and IV of this
notice are referred to, separately and collectively, as “requirements.”
1

II. BACKGROUND

Section 401(b) of the Code provides a remedial amendment period during which
a plan may be amended retroactively to comply with the qualification requirements
under section 401(a). Section 1.401(b)-1 describes the disqualifying provisions that may
be amended retroactively and the remedial amendment period during which retroactive
amendments may be adopted. That regulation also grants the Commissioner of Internal

1
In order to help plan sponsors achieve operational compliance with changes in requirements, the IRS
provides the Operational Compliance List, which is a list of changes in both qualification requirements
and section 403(b) requirements that are effective during a calendar year, on the IRS website at
https://www.irs.gov/retirement-plans/operational-compliance-list
. See section 8 of Rev. Proc. 2022-40.

2

Revenue the discretion to designate in guidance published in the IRB certain plan
provisions as disqualifying provisions and to extend the remedial amendment period.

Section 21.02 of Rev. Proc. 2013-22, 2013-18 IRB 985,
2
establishes an initial
remedial amendment period that permits an eligible employer to retroactively correct
form defects in its written section 403(b) plan.

Rev. Proc. 2017-18, as modified by Notice 2020-35, 2020-25 IRB 948, provides
that the initial remedial amendment period for a form defect in a section 403(b) plan
ends on June 30, 2020.

Section 5 of Rev. Proc. 2022-40 provides that except as otherwise provided by
statute or in regulations or other guidance published in the IRB, with respect to plans
that are not governmental plans within the meaning of section 414(d), the remedial
amendment period for (1) a disqualifying provision or (2) a form defect first occurring
after June 30, 2020, that arises as a result of a change in qualification requirements or
section 403(b) requirements, as applicable, expires on the last day of the second
calendar year that begins after the issuance of the RA List on which the change in
qualification requirements or section 403(b) requirements appears. Section 5.03(2)
provides a special rule for governmental plans that may further extend the remedial
amendment period in some cases.

Section 6.01 of Rev. Proc. 2022-40 provides that the plan amendment deadline
with respect to (1) a disqualifying provision in a qualified individually designed plan, or
(2) a form defect first occurring after June 30, 2020, in a section 403(b) individually
designed plan described in section 5 of Rev. Proc. 2022-40 is the date on which the
remedial amendment period expires with respect to that disqualifying provision or form
defect.

Section 7 of Rev. Proc. 2022-40 provides that the Treasury Department and the
IRS publish an annual RA List. In general, a change in qualification requirements or
section 403(b) requirements will not appear on an RA List until guidance with respect to
that change (including, in certain cases, model amendments) has been provided in
regulations or in other guidance published in the IRB. However, in the discretion of the
Treasury Department and the IRS, a change in qualification requirements or section
403(b) requirements may be included on an RA List in other circumstances, such as in
cases in which a statutory change is enacted and the Treasury Department and the IRS
anticipate that no guidance will be issued.

The remedial amendment period applicable to a disqualifying provision or form
defect arising as a result of a change in qualification requirements or section 403(b)
requirements may be extended beyond the date that normally would apply to an item
included on an RA List, if, for example, a statute, regulation, or other guidance
published in the IRB provides for a later deadline.

2
Rev. Proc. 2013-22 was modified by Rev. Proc. 2014-28, 2014-16 I.R.B. 944, and Rev. Proc. 2015-22,
2015-11 I.R.B. 754, and clarified by Rev. Proc. 2017-18, 2017-5 I.R.B. 743.

3

III. CONTENT AND ORGANIZATION OF RA LIST

In general, an RA List includes statutory and administrative changes in
requirements that are first effective during the plan year in which the list is published.
3

However, an RA List does not include:
• Guidance issued or legislation enacted after the list has been prepared;

• Statutory changes in requirements for which the Treasury Department and
the IRS expect to issue guidance that would be included on an RA List issued
in a future year;
4

• Changes in requirements that permit (but do not require) optional plan
provisions, in contrast to changes in requirements that cause existing plan
provisions (which may include optional plan provisions previously adopted) to
become disqualifying provisions or section 403(b) form defects;
5
or

• Changes in the tax laws affecting qualified individually designed plans or
section 403(b) individually designed plans that do not change the
requirements (such as changes to the tax treatment of plan distributions, or
changes to the funding requirements for qualified individually designed plans).
The RA List is divided into two parts. Part A covers changes in requirements that
generally would require an amendment to most plans or to most plans of the type
affected by the change.

Part B includes changes in requirements that the Treasury Department and the
IRS anticipate will not require amendments to most plans but might require an
amendment because of an unusual plan provision in a particular plan. For example, if a
change affects a particular requirement that most plans incorporate by reference, Part B
would include that change because a particular plan might not incorporate the
requirement by reference and, thus, might include language inconsistent with the
change.

3
RA Lists also may include changes in requirements that were first effective in a prior year that were not
included on a prior RA List under certain circumstances, such as changes in requirements that were
issued or enacted after the prior year’s RA List was prepared.
4
For example, certain provisions of Division O of the Further Consolidated Appropriations Act, 2020, Pub.
L. 116-94, 133 Stat. 2534 (2019), known as the Setting Every Community Up for Retirement
Enhancement Act of 2019 (SECURE Act), are already effective, but have not been included on an RA
List. As explained in Notice 2022-33, 2022-34 IRB 147 (guidance that, in part, extends the deadlines for
amending a retirement plan to reflect provisions of the SECURE Act), it is anticipated that (1) guidance
will be issued with respect to certain SECURE Act provisions and (2) the guidance and SECURE Act
provisions requiring plan amendments will appear on a future RA List.
5
The remedial amendment period and plan amendment deadline for discretionary changes to the terms
of an individually designed qualified or section 403(b) plan are governed by sections 5.03(1)(b),
5.03(2)(b), and 6.02 of Rev. Proc. 2022-40. These deadlines for discretionary changes are not affected by
the inclusion of a change in requirements on an RA List.

4

Annual, monthly, or other periodic changes to (1) the various dollar limits that are
adjusted for cost of living increases as provided in section 415(d) or other Code
provisions, (2) the spot segment rates used to determine the applicable interest rate
under section 417(e)(3), and (3) the applicable mortality table under section 417(e)(3),
are treated as included on the RA List for the year in which such changes are effective
even though they are not directly referenced on that RA List. The Treasury Department
and the IRS anticipate that few plans have language that will need to be amended on
account of these changes.

The fact that a change in a requirement is included on the RA List does not
necessarily mean that a plan must be amended as a result of that change. Each plan
sponsor must determine whether a particular change in a requirement requires an
amendment to its plan.

IV. 2022 REQUIRED AMENDMENTS LIST

There are no entries listing changes in qualification requirements on the 2022 RA
List.
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V. DRAFTING INFORMATION

The principal author of this notice is Tom Morgan of the Office of Associate Chief
Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes). For
further information regarding this notice, contact Mr. Morgan at (202) 317-6700 (not a
toll-free number).

6
The 2021 RA List included entries for section 9704 of the American Rescue Plan Act of 2021 (ARP) and
Notice 2021-38, 2021-30 IRB 155, relating to special financial assistance for certain eligible
multiemployer plans. Under these provisions, the sponsor of an eligible multiemployer plan has the
discretion, during a period of several years beginning in 2021, to either apply for or not apply for special
financial assistance pursuant to section 9704 of the ARP. If the plan sponsor (1) exercises its discretion to
apply for special financial assistance, (2) had previously suspended plan benefits pursuant to
section 432(e)(9) of the Code or section 4245(a) of the Employee Retirement Income Security Act of
1974, Pub. L. 93-406, 88 Stat. 829, as amended, and (3) received special financial assistance, then the
sponsor is required to amend the plan to provide for reinstatement of the suspended benefits and for
make-up payments, in accordance with Notice 2021-38. Beginning in 2022, an amendment made
pursuant to section 9704 of the ARP will be treated as a discretionary amendment, and the plan
amendment deadlines applicable to discretionary amendments as set forth in Rev. Proc. 2022-40 will
apply. Accordingly, for a sponsor of an eligible multiemployer plan that commences payment of previously
suspended benefits and make-up payments on account of being granted special financial assistance after
2021, the deadline for adopting the amendment to provide for these payments is the later of (1) the
amendment deadline specified in the 2021 RA List that applies to plans eligible for special financial
assistance (that is, December 31, 2023), or (2) the amendment deadline that would apply if the
amendment were a discretionary amendment (that is, the end of the plan year in which the plan
amendment is operationally put into effect, through the commencement of these payments by the plan).