Plan Amendment Deadlines for Pre-Approved Governmental Plans

Under Rev. Proc. 2023-37, generally the deadline for the timely adoption of an amendment for a pre-approved plan that is a governmental plan is determined in this way.

Regarding interim amendments, a provider will have adopted the amendment on time if the plan amendment is adopted by the later of: (1) the last day of the second calendar year that begins after the issuance of the required amendments list in which the change in qualification requirements or 403(b) requirements appears; or (2) to the extent any action is required to be taken by the adopting employer in order to adopt the interim amendment, 90 days after the close of the third regular legislative session of the legislative body with the authority to amend the plan that begins on or after the date the plan amendment becomes effective.

Regarding discretionary amendments, an adopting employer adopts the plan amendment in a timely manner if the adopting employer adopts the plan amendment by the later of: (1) the end of the plan year in which the plan amendment is operationally put into effect; or (2) to the extent any action is required to be taken by the adopting employer in order to adopt the discretionary amendment, 90 days after the close of the second regular legislative session of the legislative body with authority to amend the plan that begins on or after the date the amendment becomes effective.