IRS Documents opine on PEP plan documents

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
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Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Internal Revenue Service (IRS) in their January 20, 2021 edition of Employee Plans News opined that pre-approved qualified retirement plan documents may be used to establish arrangements known as pooled employer plans or PEPs.

The IRS stated that it’s creating a language that can be used to amend current pre-approved qualified retirement plan documents to add a PEP feature. Document providers are not required to use IRS-drafted amendment language, but if drafting their own they “will not have a reliance on those provisions,” the IRS states.

As someone who drafts PEP plan documents, using pre-approved plans, it is nice to hear from the IRS on this. However, the plan document provider I’m using, already drafted an amendment for PEPs.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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