[co-author: Sara Van Houten]
In our 2017 End of Year Plan Sponsor “To Do” List (Part 4) Qualified Plans, we suggested that sponsors of all qualified retirement plans should be on the lookout for the Internal Revenue Service’s (“IRS”) 2017 Required Amendments List (“RA List”). The IRS recently published Notice 2017-72, which contains the 2017 RA List, https://www.irs.gov/pub/irs-drop/n-17-72.pdf.
Part A of the RA List addresses changes in qualification requirements that require amendments to most plans (or to the types impacted by the change). The 2017 RA List contains two changes in Part A: those required by final regulations regarding cash balance/hybrid plans and those that address benefit restrictions for certain defined benefit plans that are eligible cooperative plans or eligible charity plans described in Section 204 of the Pension Protection Act of 2006, as amended.
Part B of the RA List addresses other changes in qualification requirements that may require an amendment to certain plans. The 2017 RA List includes only one item in Part B: changes required by the final regulations regarding partial annuity distribution options for defined benefit plans.
As a reminder, the remedial amendment deadline for disqualifying provisions resulting from items on the 2017 RA List is December 31, 2019 (for certain government plans, this deadline is later).