IRS Requests Comments About Qualified Plan Document Requirements

The agency wants to make it easier for plan sponsors to satisfy requirements for qualified plan documents, particularly in light of the changes to the determination letter program.

In Announcement 2016-32, the Treasury and Internal Revenue Service (IRS) request comments on ways they can improve compliance with plan qualification requirements by making it easier for plan sponsors to satisfy requirements for qualified plan documents, particularly in light of the changes to the determination letter program.

Revenue Procedure 2016-37 provides, in part, that the five-year staggered remedial amendment cycle system will be eliminated effective January 1, 2017.  It further provides that a sponsor of an individually designed plan will be permitted to submit a determination letter application only for initial qualification, for qualification upon plan termination, and in certain other circumstances to be determined by Treasury and the IRS. 

Get more!  Sign up for PLANSPONSOR newsletters.

Treasury and the IRS request comments on the following: 

  • Expanding the use of incorporation by reference. Comments are requested on any additional qualification requirements plan sponsors believe should be permitted to be incorporated by reference in their retirement plans and the areas in which guidance relating to incorporation by reference would provide the greatest assistance.  Commenters are requested to describe the reasons why incorporation by reference of a particular qualification requirement would be appropriate.  Comments are also requested on suggested language that could be used in plan documents to incorporate qualification requirements by reference
  • Circumstances under which plan provisions may not be required.  Plan sponsors have raised concerns about being required to include certain plan provisions or amendments in situations in which the provisions or amendments are not applicable, or not yet applicable, to their plans.  For example, the provisions of § 401(a)(35), which impose diversification requirements on certain defined contribution plans that hold or are treated as holding publicly traded employer securities under § 401(a)(35)(F), are not required to be included in certain plans, including plans maintained by tax-exempt organizations or sole proprietorships, but are currently required to be included in certain other plans, even if the plans do not provide for the acquisition or holding of publicly traded employer securities.  Comments are requested on whether certain plan provisions or amendments should be required to be included in a plan only if the underlying qualification requirements are applicable to that plan.  In considering which provisions should be required only if applicable, Treasury and the IRS request that commenters also consider the extent to which a provision may become applicable in a future period, and the likelihood that the plan sponsor would fail to amend the plan when circumstances change.
  • Conversion to pre-approved plans.  Treasury and the IRS understand that some plan sponsors are considering a transition from sponsoring an individually designed plan to using a pre-approved plan document in light of the changes to the determination letter program.  Comments are requested on any impediments to that process, and how Treasury and the IRS could reduce or eliminate those impediments.  For example, comments are welcome on difficulties encountered in the process of conversion, as well as on aspects of the pre-approved plan program that may cause the program to be unattractive to a plan sponsor.
  • Additional ways to facilitate compliance.  Comments are requested on any additional guidance or other actions by Treasury and the IRS that would facilitate compliance with qualified plan document requirements, particularly in light of the changes to the determination letter program.

Comments may be submitted in writing on or before December 15, 2016. 

Treasury and the IRS said they anticipate issuing a revenue procedure soon that will modify Rev. Proc. 2013-12, the existing consolidated statement of the correction programs under the Employee Plans Compliance Resolution System (EPCRS).  The new EPCRS revenue procedure is expected to modify EPCRS to accommodate changes to the determination letter program.

PBGC Wants to Help More Sponsors Find Missing Participants

Instead of establishing an individual retirement account at a financial institution for each missing participant account, more plans would have the option of transferring benefits to PBGC. 

The Pension Benefit Guaranty Corporation (PBGC) is proposing to expand its existing Missing Participants Program to cover terminated 401(k)s and “most other defined contribution plans and certain defined benefit plans that aren’t currently covered by the program.”

For over 20 years, PBGC’s Missing Participants Program has connected people—missing when their pension plans terminated—to their retirement benefits. Currently, the program is open only to PBGC-insured single-employer plans.

Get more!  Sign up for PLANSPONSOR newsletters.

“Many people associate PBGC with paying benefits for people in failed plans, but our mission is broader than that,” observes PBGC Director Tom Reeder. “We are also responsible for enhancing retirement security for American workers and retirees. One of the ways to do that is to connect them with their retirement savings.”

Under a proposed rule newly floated by PBGC and slated for formal publication in the Federal Register on September 20, 2016, the program would be expanded to cover missing participants in most terminated defined contribution plans, such as 401(k) and profit sharing plans. Perhaps most important, instead of establishing an individual retirement account (IRA) at a financial institution for each missing participant account, these plans would have the option of transferring benefits to PBGC.

“PBGC would then hold the money, add the missing participant to its online searchable database, and periodically search for the participant,” Reeder explains. “Participant accounts would not be diminished by ongoing maintenance fees or distribution charges and would be paid out with interest.”

NEXT: Strong need for such a system

If approved as proposed, PBGC anticipates the expanded program will be implemented in 2018, after receiving public comments and publication of a final regulation.  At present, PBGC explains, a central database of defined contribution participants missing when the plan terminated does not exist, making it difficult for people to find their accounts.

“When implemented, PBGC's expanded program will make it easier for people to locate their retirement benefits after their plan is terminated,” Reeder predicts.

PBGC is also proposing “modest changes” to the way the program works for PBGC-insured single-employer plans. The changes relate primarily to how plans determine the amount of money to transfer to PBGC, better protection of key features of a participant's benefit (e.g., early retirement subsidies), and reducing the burden of transferring benefits to PBGC.

Under the proposal, the expanded program would cover PBGC-insured multiemployer plans that close out and certain defined benefit plans that aren't insured by PBGC (i.e., small plans sponsored by professional service organizations). PBGC expects limited usage by these plans.

“PBGC looks forward to public comments on the proposal so that we can make the program as useful as possible,” Reeder concludes.

For more information on the rulemaking and how to comment, visit the Overview of the Proposed Expanded Missing Participant Program webpage.

«