Remedial Amendment Cycles

Under Rev. Proc. 2023-37, every pre-approved plan has a recurring remedial amendment cycle. 

Defined contribution qualified pre-approved plans, defined benefit qualified pre-approved plans, and 403(b) pre-approved plans each have different cycles. While the same cycle applies regarding all DC qualified pre-approved plans, separate cycles apply regarding all DB qualified pre-approved plans and all 403(b) pre-approved plans.

Providers may apply for new opinion letters for each cycle. Adopting employers of pre-approved plans, if otherwise eligible, may apply for determination letters once each cycle. 

The IRS may revise the schedules for remedial amendment cycles to respond to changing circumstances and the needs of adopting employers, as necessary.