IRS Issues 2020 Cumulative List for Pre-Approved DB Plans

The IRS has issued Notice 2020-14, which sets forth the 2020 Cumulative List of Changes in Plan Qualification Requirements for Pre-Approved Defined Benefit Plans (2020 Cumulative List).

As described in section 17 of Revenue Procedure 2016-37, cumulative lists identify changes in the qualification requirements of the Internal Revenue Code that are required to be taken into account in a pre-approved plan document submitted under the pre-approved plan program administered by the IRS and that will be considered by the IRS for purposes of issuing opinion letters.

The 2020 Cumulative List is to be used by pre-approved plan providers to submit opinion letter applications for pre-approved defined benefit (DB) plans during the third six-year remedial amendment cycle, which begins May 1, 2020, and ends January 31, 2025. Defined benefit plans may be submitted for approval during the on-cycle submission period, which begins August 1, 2020, and ends July 31, 2021.

Among other things, items on the cumulative list include changes related to the Supreme Court ruling on the Defense of Marriage Act (DOMA), regulations under section 401(k) to delete the six-month prohibition on employee contributions to all plans maintained by the employer (including DB plans) after a hardship distribution, and regulations under section 411(a)(13) providing guidance on statutory hybrid plans.