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Notice 2019-64: Required amendments list (2019) for qualified retirement plans

Required amendments list for qualified retirement plans

The IRS today released an advance version of Notice 2019-64 providing the “2019 required amendments list.”

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As explained by Notice 2019-64 [PDF 57 KB], beginning with the 2019 list, all required amendments lists will apply to both individually designed plans qualified under section 401(a) and individually designed plans that satisfy the requirements of section 403(b).

Notice 2019-64 further explains that in general:

  • Concerning a qualified individually designed plan—the remedial amendment period for a disqualifying provision arising as a result of a change in qualification requirements is extended to the end of the second calendar year that begins after the issuance of the required amendments list on which the change in qualification requirements appears.
  • Concerning a form defect in a section 403(b) individually designed plan—the remedial amendment period arising as a result of a change in section 403(b) requirements ends on the last day of the second calendar year that begins after the issuance of the required amendments list on which the change in section 403(b) requirements appears.

Therefore, for these purposes, December 31, 2021, would be the last day of the remedial amendment period for a qualified individually designed plan or a form defect in a section 403(b) individually designed plan; and also the plan amendment deadline for a disqualifying provision arising as a result of a change in qualification requirements that appears on the 2019 required amendment list and for a form defect arising as a result of a change in section 403(b) requirements that appears on the 2019 required amendment list.

The IRS notice states that later dates may apply to a governmental plan (under section 414(d)). 

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