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Miss the April 30, 2016 PPA Restatement Deadline? Use Plan B.

By Jerry Kalish on May 2, 2016
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canstockphoto6581040The deadline for restating a 401(k), profit sharing, or money purchase pension plan to a pre-approved Pension Protection Act document has come and gone. So what’s a fiduciary to do? It was, after all, a responsibility of the plan fiduciary to ensure that the plan was updated and signed by the April 30, 2016 deadline.

However, there is a Plan B to avoid plan disqualification. The Internal Revenue Service (“IRS”), of course, doesn’t call it that. The proper term is IRS’ EPCRS Late Amender Program. “EPCRS” stands for the IRS’ Employee Plans Compliance Resolution System which provides a method for plan sponsors to correct failures and get their plans back into compliance.

In brief, here’s how the voluntary correction procedure for non-amenders works:

  • Plan sponsors would adopt the restated plan and then submit the required paper work to the IRS for approval.
  • The fee for the submission is based on the number of plan participants.
  • However, if the document failure is corrected and the filing is submitted within one year of the restatement deadline (no later than April 30, 2017) the submission fee is reduced by 50%.

You may be wondering if there is a Plan B, is there also a Plan C. Not exactly, and it’s certainly not voluntary. It’s the consequence of not taking advantage of the afore-mentioned Late Amender Program.

It’s the IRS’ Audit Agreement Closing Program (“Audit CAP”) which is the end result of a plan audit. If the IRS finds the plan to be non-compliant, the plan sponsor would be required to submit an updated plan to avoid disqualification. The cost of which would be significantly more than if the missed deadline was dealt with on a voluntary basis.

The takeaway should be obvious: Contact them before they contact you.

Photo credit: CanStockPhoto.

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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