The Internal Revenue Service (IRS) recently issued Notice 2018-91, which contains the Required Amendments List for 2018 (2018 RA List). The 2018 RA List does not reflect any changes in qualification requirements. This means that for individually designed plans there are no required amendments due to changes in qualification requirements under the current list.
As a reminder, in Revenue Procedure 2016-37, the IRS stated that it intends to publish annually a Required Amendments List (RA List). The RA List establishes the date that the remedial amendment period expires for changes in qualification requirements contained on the list. For an individually designed plan, the remedial amendment period for a disqualifying provision resulting from a change in qualification requirements listed in the RA List generally extends to the last day of the second calendar year beginning after its issuance.
The RA List includes statutory and administrative changes to qualification requirements first effective during the plan year in which the list is published. The RA List does not include:
- statutory changes for which the IRS expects to issue guidance (which would be included in a future RA List);
- changes to qualification requirements that allow (but not require) optional plan provisions; or
- changes in tax laws that affect qualified plans but do not change qualification requirements (for example, changes to the tax treatment of plan distributions).
Certain annual, monthly, or other periodic changes to amounts and items are considered to be included on the RA List for the year in which the changes are effective, even if not directly referenced on the RA List. Examples of these periodic changes include the various dollar limits that are adjusted for cost of living increases, such as those provided in Code Sec. 415(d); Code Sec. 417(e)(3) spot segment rates used to determine the applicable interest rate; and the Code Sec. 417(e)(3) applicable mortality table. However, the IRS expects that few plans have provisions that need to be amended for these changes.
Questions? Contact the Findley consultant whom you normally work with or Sheila Ninneman at firstname.lastname@example.org, 216.875.1927.