Defined Contribution Plan Amendment Chart
From the Gust Document to EGTRRA Document Through WRERA
April 13, 2007, Updated October 18, 2010 |
Amendment |
|
Deadline |
MHCO Prototype |
MHCO Volume Submitter |
| Community Renewal Tax Relief Act (CRA) |
Salary reduction amounts under Section 132(f)(4) must be included in compensation |
First plan year beginning after 12/31/2000 |
Included in GUST Document |
Same as Prototype |
| 2001 Proposed RMD Regulations |
Needed if 2001 Proposed RMD Regs. used in 2001 or 2002 |
By end of year used, i.e. 2001 or 2002 |
Page at the end of the GUST document |
Included in the RMD Model Amendment |
| 125 Cafeteria Amendment |
Only if a 125 plan also exists and the rest of the linked rules apply, click here |
By the end of the 2002 plan year |
Page at the end of the GUST document |
Included in the RMD Model Amendment |
| EGTRRA Good-Faith Amendment |
All qualified plans |
By later of the last day of the 2002 plan year; or the end of the GUST RAP |
Amendment deadline tied to GUST deadline for pre-approved plans on a list as of 12/31/00, Separate amendment* |
Same as Prototype |
| RMD Amendment |
All DC, 403(b), and IRA |
By end of the 2003 |
Separate amendment* |
Same as Prototype |
| Deemed IRA Amendment |
Optional |
By the end of the plan year in which deemed IRA contributions are first accepted |
Separate amendment |
Same as Prototype |
| Roth Amendment |
Optional |
By the end of the plan year in which Roth 401(k) contributions are first accepted, not before 2006 |
Separate amendment* |
Same as prototype |
| Automatic Rollover Amendment |
Required for all plans using involuntary cash-out |
Later of 12-31-05; OR the tax filing deadline for the plan year that included March 28, 2005 |
Sponsor level or employer level separate amendment* |
Employer level separate amendment only |
| 401(k) and (m) Final Regulations |
Required for all 401(k) and (m) plans; Also required for plans that have hardship, i.e. profit sharing plans and 403(b) plans |
Generally, by the end of the 2006 year |
MHCO separate amendment by 12-31-06* |
Employer level separate amendment only |
| KETRA, GOZA |
Plans incorporating the hurricane provisions |
By the end of 2007 Plan Year |
MHCO included this in the final 401(k) and (m) amendment* |
Separate, employer level amendment only |
| Notice 2005-70 |
IRS Agency Relief for Hurricane Katrina |
By the end of the 2006 Plan Year |
MHCO included the hurricane amendment in the final 401(k) and (m) amendment* |
Separate, employer level amendment only |
Job Creation and Worker Assistance Act of 2002 (JCWAA)
Though not a plan amendment, note the point under the deadline column. |
Clarified Catch-Up provisions; Ordering of pre and post-tax amounts distributions; Deduction limit for combined DB/DC Plans doesn't apply if only DC amounts are elective deferrals (no employer amounts); Top-heavy distributions taken into account for only one year after termination of employment. |
Small business tax credit for new plan expenses only applicable for new plans first effective after 2001.
Plans with an effective date before 2002 are not entitled to this. |
N/A |
N/A |
| Final 415 Regulations |
All qualified plans |
Last day of the plan year containing the first day of the first limitation year beginning on or after July 1, 2007, or if later the due date for filing tax return for the employer's tax year containing such date |
Separate amendment, available as a sponsor level amendment or an employer level amendment |
Combined with PPA Amendment |
| EGTRRA Restatement |
All preapproved DC plans |
May 1, 2008 to April 30, 2010 |
Complete document restatement |
Complete document restatement |
| Pre-62 Normal Retirement Age** |
MPP, Target Benefit, and DC plans containing MPP conversion assets |
June 30, 2009 for calendar year plans. See Notice 2007-69 off-calendar plan year deadlines |
Separate amendment |
Separate amendment |
| PPA Amendment |
All qualified plans |
By the end of 2009 |
Separate amendment |
Separate amendment |
| HEART Amendment |
All qualified plans |
Generally, by the end of the 2010 plan year, click here for more info |
Combined with PPA amendment |
Separate amendment |
| EESA Amendment |
Plans incorporating the 2008 Midwest storms provisions |
Generally, by the end of the 2010 plan year. |
Combined with PPA Amendment |
Separate amendment |
| WRERA Amendment |
All qualified plans |
By the end of the 2011 plan year |
Combined with PPA Amendment |
Separate amendment |
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| Governmental Plans |
|
Generally have two years beyond the deadlines stated above, except for WRERA which is only one year later |
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* The asterisked provisions are incorporated into the EGTRRA Defined Contribution prototype document.
** This is not to be confused with the PPA change pemitting in-service distributions on MMP and target benefit plans at age 62, even if NRA is age 65.
Rev. 04/13/07, E-mail Alert
2007-5, Updated Rev. 02/27/09; E-mail Alert 2009-3
