IRS Announces Extension of Deadlines for 403(b) and Pre-Approved DB Plans

The IRS on Friday, March 27, announced in a website posting that it is extending the last day of the initial remedial amendment period for pre-approved and individually designed 403(b) plan documents, from March 31, 2020, to June 30, 2020. Plan sponsors will have until this June date to update their pre-approved and individually designed 403(b) plan documents. The IRS noted that existing guidance (Revenue Procedure 2019-39) specifying the earlier deadline will be modified to reflect the extension.

The IRS also noted in the same posting that it is extending from April 30, 2020, to July 31, 2020, the end of the six-year remedial amendment cycle for pre-approved defined benefit (DB) pension plans. That deadline will also apply for employers to adopt a pre-approved DB plan and—if eligible—to submit a determination letter application under the second six-year remedial amendment cycle.

The third six-year remedial amendment cycle for pre-approved DB plans will begin August 1, 2020, and end on January 31, 2025. The submission period for on-cycle, pre-approved plan opinion letter applications for the third six-year remedial amendment cycle will begin (unchanged) August 1, 2020, and end on July 31, 2021. Future IRS guidance will reflect these DB plan changes.