The IRS on Dec. 8 announced that there will be no changes to the Required Amendments (RA) List for individually designed plans qualified under Internal Revenue Code (IRC) Sections 401(a) and 403(b) for 2023. The IRS made the announcement in Notice 2023-79. 
The RA List establishes the end of the remedial amendment period and the plan amendment deadline for changes in qualification requirements and IRC Section 403(b) requirements set forth on the list for qualified individually designed plans and 403(b) individually designed plans, respectively.
Background
Under Section 5 of Revenue Procedure (Rev. Proc.) 2022-40, in the case of an individually designed qualified or 403(b) plan that is not a governmental plan, the remedial amendment period for (1) a disqualifying provision or (2) a form defect first occurring after June 30, 2020 — that arises because of a change in qualification requirements or IRC Section 403(b) requirements — expires on the last day of the second calendar year that begins after the issuance of the RA List on which the change in qualification requirements or IRC Section 403(b) requirements appears.
Under Section 5.03(1)(c) and Section 6.01 of Rev. Proc. 2022-40, Dec. 31, 2025, generally is both the last day of the remedial amendment period and the plan amendment deadline regarding:
1. a disqualifying provision arising as a result of a change in qualification requirements that appears on the 2023 RA List, and
2. a form defect arising as a result of a change in IRC Section 403(b) requirements that appears on the 2023 RA List.
Later dates may apply to a governmental plan.
The Treasury and the IRS publish an annual RA List under Section 7 of Rev. Proc. 2022-40. In general, a change in qualification requirements or IRC Section 403(b) requirements will not appear on an RA List until guidance regarding that change (including, in certain cases, model amendments) has been provided in regulations or in other guidance published in the Internal Revenue Bulletin (IRB). However, the Treasury and the IRS may include a change in qualification requirements or IRC Section 403(b) requirements on an RA List in other circumstances, such as when a statutory change is enacted and they anticipate that no guidance will be issued.
About RA Lists
In general, an RA List includes statutory and administrative changes in requirements that are first effective during the plan year in which the list is published. However, an RA List does not include guidance issued or legislation enacted after the list was prepared. An RA list also does not include:
- statutory changes in requirements for which the Treasury Department and the IRS expect to issue guidance (which would be included on an RA List issued in a future year);
- changes in requirements that permit but do not require optional plan provisions, in contrast to changes in requirements that cause existing plan provisions to become disqualifying provisions or 403(b) form defects; or
- changes in the tax laws affecting qualified individually designed plans or 403(b) individually designed plans that do not change the requirements.
Annual, monthly, or other periodic changes to the following are treated as included on the RA List for the year in which such changes are effective, even though that RA List may not directly reference them:
1. the various dollar limits that are adjusted for cost-of-living increases as provided in IRC Section 415(d) or other IRC provisions;
2. the spot segment rates used to determine the applicable interest rate under IRC Section 417(e)(3); and
3. the applicable mortality table under IRC Section 417(e)(3).
The RA List is divided into two parts:
- Part A covers changes in requirements that generally would require an amendment to (1) most plans or (2) most plans of the type affected by the change.
- Part B covers changes in requirements that the Treasury and the IRS expect will not require amendments to most plans, but might require that a particular plan be amended because it includes an unusual provision.
The fact that a change in a requirement is included on the RA List does not necessarily mean that a plan must be amended due to that change. Each plan sponsor must determine whether a particular change in a requirement necessitates an amendment to its plan.
2023 Required Amendments List
There are no entries listing changes in qualification requirements on the 2023 RA list.
- For Part A, Notice 2023-79 says that there are no changes in requirements that generally would require an amendment to most plans or to most plans of the type affected by the change.
- Regarding Part B, Notice 2023-79 says that there are no other changes in requirements that may require an amendment.
Nor did the 2022 RA list any changes in qualification requirements from the 2021 list either. Information about the 2021 RA list is here.
Publication
Notice 2023-79 will be published in IRB 2023-52 on Dec. 26, 2023.
Past notices regarding required amendments going back to 2016 are available here.
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