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July 31, 2022 Restatement Deadline for 401(k) Plans Approaches: Carpe Diem

By Jerry Kalish on January 20, 2022
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I never thought my high school Latin could come in handy, let alone in our ERISA world. Heck, there wasn’t even ERISA back then. But here goes.

The July 31, 2022 deadline for defined contribution plans such as 401(k), Profit Sharing, ESOPs, and Money Purchase Plans to be restated is not that far away. You’ll find the details here.

If you miss the deadline to restate your qualified retirement plan, the IRS can disqualify it, and take away all its tax benefits. This means contributions might not be deductible or employees will have them immediately included in income. Therefore, restating your document should be a high priority. The IRS does provide a “late adopter” procedure for employers who missed the deadline to requalify the plan. However, IRS User Fees and additional professional fees make the late adopter procedure substantially more expensive than restating the plan before the deadline.

Now here’s where the Carpe Diem, or Seize the Day!, part comes in. The Restatement will update the plan for all law changes since the last Restatement six years ago.

The 401(k) industry hasn’t stood still either. In the recent years, there have been plan design enhancements, technology improvements, fund changes, provider consolidations, more effective employee communication tools, etc., etc.

Use the required Restatement process as an opportunity to see if you can make your plan better.

Picture Credit: © Can Stock Photo / blasbike

Jerry Kalish

Jerry Kalish is President of National Benefit Services, Inc., retirement plan consultants and administrators, which he founded in 1978 when 401(k) was enacted into law.

He is a member of the Great Lakes Area TE/GE Council, a 501(c)(3) organization whose members are benefit…

Jerry Kalish is President of National Benefit Services, Inc., retirement plan consultants and administrators, which he founded in 1978 when 401(k) was enacted into law.

He is a member of the Great Lakes Area TE/GE Council, a 501(c)(3) organization whose members are benefit practitioners who meet regularly with the Internal Revenue Service and the Department of Labor on ERISA matters.

Jerry provides continuing education programs for attorneys, CPAs, and the financial services industry and has co-taught the course on non-ERISA retirement plans, 403(b) plans, and 457 plans at John Marshall School of Law LLM Program in Employee Benefits.

He is on the International Advisory Board of The Center on Business and Poverty, a non-profit organization that supports businesses and non-profits that embody the practice of participatory capitalism.

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  • Posted in:
    Employment & Labor
  • Blog:
    The Retirement Plan Blog
  • Organization:
    National Benefit Services, Inc.
  • Article: View Original Source

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