IRS Issues 2017 Cumulative List of Changes for Use When Requesting Determination Letters

On June 30, 2017, the IRS released Notice 2017-37, which contains the 2017 Cumulative List of changes the IRS will look to when reviewing opinion letter applications for pre-approved defined contribution plans submitted during the third six-year remedial amendment cycle, which began Feb. 1, 2017, and ends Jan. 31, 2023. Defined contribution plans may be submitted for approval during the on-cycle submission period, which begins Oct. 2, 2017, and ends Oct. 1, 2018.

As background, the 2017 Cumulative List contains items that were included in the 2011-2015 Cumulative Lists or were issued after Oct. 1, 2015. However, if a plan has not been previously reviewed for items on earlier Cumulative Lists, then those items must also be taken into account. At the end of each item in the list, a parenthetical note indicates the year the item first appeared or identifies the item as new. Among other things, the new list:

  • Permits rollovers from a qualified plan to a SIMPLE IRA
  • Allows mid-year changes to safe harbor 401(k) plans under certain circumstances
  • Addresses discretionary changes as a result of the decision in Obergefell v. Hodges
  • Discusses requirements for qualified matching contributions (QMACs) and qualified nonelective contributions (QNECs)

Sponsors and their advisors should carefully review the 2017 Cumulative List to ensure that they have identified the changes in the qualification requirements that will be considered by the IRS in its review of pre-approved plan documents submitted under the pre-approved plan program and that will be considered for purposes of issuing opinion letters.

IRS Notice 2017-37 »