Key deadlines set for preapproved defined contribution plans 

IRS Announcement 2026-15 gives employers using preapproved defined contribution (DC) plans until September 30, 2028, to adopt a newly approved document for the fourth remedial amendment cycle. The announcement doesn’t affect preapproved defined benefit or 403(b) plans, which have their own remedial amendment cycles. (Comprehensive rules for remedial amendment cycles for qualified and Section 403(b) preapproved plans are found in Rev. Proc. 2023-37.)

On August 31 or shortly thereafter, IRS expects to issue opinion letters to plan providers that timely submitted documents for the fourth remedial amendment cycle reflecting changes on the 2023 Cumulative List. IRS will then post a list of available preapproved plans on its website. An employer that timely adopts a newly approved document can rely on the provider’s opinion letter during the fourth cycle as if the letter were the employer’s own. Employers modifying a preapproved document lose reliance on the opinion letter (unless they make only certain approved modifications) but may be eligible to apply for a determination letter. Determination letter applications for modified fourth-cycle documents can be submitted from October 1, 2026, through September 30, 2028.

• Employers making nonextensive changes to a nonstandardized plan (i.e., a plan in which not all provisions are safe harbor) may apply for a determination letter using Form 5307, Application for Determination for Adopters of Modified Volume Submitter Plans. Employers of any preapproved plan document (standardized or nonstandardized) also use Form 5307 if the only modification is the addition of language to satisfy Internal Revenue Code Sections 415 and 416 due to the required aggregation of plans. IRS will review applications filed on a Form 5307 against the 2023 Cumulative List.

• Employers making extensive changes to a nonstandardized document or any changes to a standardized document are treated as having adopted an individually designed plan. These employers may be able to apply for a determination letter using Form 5300, Application for Determination for Employee Benefit Plan, if eligible under the determination letter rules for individually designed plans. IRS will review nonstandardized plans against the 2023 Cumulative List and standardized plans against the Required Amendments List issued two calendar years before the application’s submission date.

• Announcement 2026-15 (IRS, August 5, 2026)
• Notice 2024-3, 2023 Cumulative List (IRS, December 20, 2023)
• Rev. Proc. 2023-37, Rules for qualified and Section 403(b) pre-approved plans (IRS, November 21, 2023)
• Pre-approved retirement plans (IRS website)
• Remedial amendment cycle for pre-approved plans (IRS website)

• Cycle 4 submissions open for preapproved qualified DC plans (June 5, 2024)
• IRS changes more preapproved plan amendment timing rules (May 2, 2024)