Amending a Safe Harbor Plan to change In Plan Roth Rollover Provisions

[HarleyBabe]

Am I reading correctly that you cannot amend a safe harbor mid year to change In Plan Roth Rollover provisions?  We want to amend to allow for this to all amounts whether a distributable event or not.  Our document currently states there must be a distributable event.

Thank you.

[Bird]

18 hours ago, HarleyBabe said:

Am I reading correctly that you cannot amend a safe harbor mid year to change In Plan Roth Rollover provisions? 

I don't think so.

[John Feldt ERPA CPC QPA]

See IRS Notice 2016-16

[Luke Bailey]

I think Bird is correct. See the general rules described in Section III.B of IRS Notice 2016-16. However, the IRS should probably have done a better job in Notice 2016-16 of saying that they were specifically removing the expired time period for making this change that was previously contained in Rev. Proc. 2013-74.

[HarleyBabe]

Thanks, yes I was reading 2013-74 and it didn't appear to remove the restriction, that's the reason for my confusion.