Rev. Proc. 2019-39, remedial amendment periods for correcting form defects in 403(b) plans

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IRS GuideWire Sept. 30, 2019

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Issue Number:    RP-19-39

Inside This Issue

Revenue Procedure 2019-39 sets forth a system of recurring remedial amendment periods for correcting form defects in a § 403(b) plan (both for § 403(b) individually designed plans and § 403(b) pre-approved plans) first occurring after March 31, 2020 (the ending date for the initial remedial amendment period under Rev. Proc. 2013-22, 2013-18 I.R.B. 985, ends). It also provides a limited extension of the initial remedial amendment period for certain form defects. Further, as contemplated by section 16.01 of Rev. Proc. 2013-22, this revenue procedure establishes a system of § 403(b) pre-approved plan cycles under which a § 403(b) pre-approved plan sponsor may submit a proposed § 403(b) pre-approved plan for review and approval by the IRS, which, once approved, may be made available for adoption by eligible employers. This revenue procedure also provides deadlines for the adoption of plan amendments for § 403(b) individually designed plans and § 403(b) pre-approved plans.

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