Plan Termination - Post PPA restatement - DC plan

[Lou S.]

If we are using a Defined Contribution PPA approved prototype or volume submitter with no modifications that recently restated its document for PPA, are there any additional snap on amendments upon Plan termination that need to be executed as of February 2016?

I can't think of any but wanted to make sure I'm not missing something.

[Belgarath]

I'm not aware of any, either.

[Mike Preston]

While most likely correct, if there were required amendments to the EGTRRA document that WERE NOT made in the PPA document itself, at the least one "should" make similar amendments to the PPA document. About the only thing I can think of off the top of my head would be sex-distinct language that requires replacement by DOMA (and various subsequent court cases I can't cite without looking them up). But there may be others. *IF* (and it is a big if) you are confident that your PPA document was up to date on any specific date, then all you need to do is check the provisions in the PPA interim amendments and make sure those provisions are incorporated into the PPA doc and if not you have identified what needs to be done.

I recognize that the above may be a bit of overkill because some documents have successfully incorporated language that essentially states that an interim amendment that isn't separately adopted with a subsequent re-state continues to survive for qualification purposes. Your document may not have that language and some are uncomfortable with depending on the IRS granting absolution in such case without it. And some aren't!

[Lou S.]

Thanks Mike, appreciate the feedback. In this case I think we are good.