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IRS Updates Info on Plan Restatement Periods, Pre-Approved Plans

Government Affairs

The IRS has updated the information on its website concerning plan restatement periods and pre-approved plans. 

Plan Restatement Periods 


Plan sponsors of defined benefit plans that use an IRS pre-approved document have until March 31, 2025, to restate their plans with a 3rd cycle document. 

During the period April 1, 2023, through March 31, 2025, the IRS will accept applications for an individual determination letter from eligible employers that adopted a 3rd cycle pre-approved defined benefit plan.  

The IRS on Feb. 8, 2023 had said in Announcement 2023-06 that it would be issuing opinion letters for pre-approved defined benefit plans that were updated for changes in plan qualification requirements listed in Notice 2020-14 and that were filed with the IRS during the third six-year remedial amendment cycle for pre-approved DB plans. Announcement 2023-06 included notification of the date by which an adopting employer intending to maintain a pre-approved DB plan for the third six-year cycle must adopt a newly approved plan. And it announced the beginning and ending dates of the period during which an adopting employer may file for an individual determination letter.

Pre-Approved Plans 


The end of the third six-year remedial amendment cycle for pre-approved DB plans is extended to March 31, 2025. An adopting employer that has a DB plan that is eligible for the six-year remedial amendment cycle system under Section 19 of Rev. Proc. 2016-37, and that adopts a newly approved plan on or before March 31, 2025, will be considered to have adopted the plan within the third six-year remedial amendment cycle.

Determination Letter Program for Adopters of Newly Approved Plans


An adopting employer of a newly approved plan may apply for an individual determination letter (if otherwise eligible) during the period beginning April 1, 2023, and ending March 31, 2025. 

Submission Period for 4th Cycle Defined Contribution Opinion Letters


The IRS asks pre-approved plan providers and mass submitters to wait to apply for a 4th remedial amendment cycle (RAC) DC Opinion Letter until the IRS announces the opening of the one-year on-cycle submission window. 

The 3rd pre-approved DC RAC ended on Jan. 31, 2023, which means that the 4th RAC began on Feb. 1, 2023; however, the submission window has not yet opened. The IRS says it expects to issue an announcement later this year that opens the on-cycle submission window from Feb. 1, 2024, through Jan. 31, 2025.  

Finding out More 


The updated IRS information is located here: