Peter Gulia Posted December 5, 2022 Share Posted December 5, 2022 For a § 401(a) plan stated using IRS-preapproved documents, a user’s reliance on the IRS’s letter is not lost merely because the user changed or added some “administrative” provisions the Revenue Procedure sets up some limited tolerance for. For a § 403(b) plan, the 2013 Revenue Procedure omits a similar tolerance. Is that correct? Is that still current? Is it so that a user must do no change beyond what the adoption-agreement form allows? Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com Link to comment Share on other sites More sharing options...
AMDG Posted December 8, 2022 Share Posted December 8, 2022 After years of reading your excellent commentary, I am glad that I have something to offer in return: See paragraph (7) of Section 9.03 of Rev Proc 2021-37. Amendments that will not cause an Adopting Employer to lose reliance on an Opinion Letter include "(7) amendments to the administrative provisions in the plan (such as provisions relating to investments, plan claims procedures, or the Adopting Employer's contact information), provided the amended provisions are not in conflict with any other provisions of the plan... and do not cause the plan to fail to satisfy the § 403(b) Requirements ..." Hope this is helpful! Peter Gulia 1 Link to comment Share on other sites More sharing options...
Peter Gulia Posted December 8, 2022 Author Share Posted December 8, 2022 Thank you!!! Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com Link to comment Share on other sites More sharing options...
AMDG Posted December 8, 2022 Share Posted December 8, 2022 🙂 And thank YOU. Link to comment Share on other sites More sharing options...
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