Plan Amendment Deadlines for Pre-Approved Non-Governmental Plans

Under Revenue Procedure (Rev. Proc.) 2023-37, generally the deadline for the timely adoption of an amendment for a pre-approved plan that is not a governmental plan is determined in this way.

For such a plan, a provider (or the adopting employer, if applicable) adopts an interim amendment on time if the plan amendment is adopted by the last day of the second calendar year that begins after the issuance of the required amendments list described in Rev. Proc. 2022-40 in which the change in qualification requirements or 403(b) requirements appears. Regarding a discretionary amendment, an adopting employer adopts the amendment timely if the adopting employer adopts the plan amendment by the end of the plan year in which the plan amendment is operationally put into effect.