SECTION 2. BACKGROUND

.01 Prior to being superseded by this revenue procedure, procedures for the issuance of opinion and advisory letters by the IRS regarding the acceptability of the form of pre-approved plans were set forth in Rev. Proc. 2011–49 (as modified by Ann. 2012–3, 2012–4 I.R.B. 335; Ann. 2013–37, 2013–34 I.R.B. 155; Ann. 2014–4, 2014–7 I.R.B. 523; Ann. 2014– 41, 2014– 52 I.R.B. 979; and Rev. Proc. 2015–6, 2015–1 I.R.B. 194). Sections 6.03(4) and 16.03(4) of Rev. Proc. 2011–49 provided that opinion and advisory letters would not be issued for employee stock ownership plans (ESOPs). Sections 6.03(6) and 16.03(6) provided that opinion and advisory letters would not be issued for applicable defined benefit plans within the meaning of § 411(a)(13)(C) (Hybrid Plans).

.02 Rev. Proc. 2015–6 sets forth the general procedures of the IRS on the issuance of employee plans determination letters, including determination letters for M&P and VS plans.

.03 Rev. Proc. 2007–44, 2007–2 C.B. 54, (as modified by Rev. Proc. 2008–56, 2008–2 C.B. 826; Rev. Proc. 2009–36, 2009–2 C.B. 304; Notice 2009–97, 2009–2 C.B. 972; Notice 2010–48, 2010–27 I.R.B. 9; Notice 2010–77, 2010–51 I.R.B. 851; Notice 2011–85, 2011–44 I.R.B. 605; Ann. 2012–3; Rev. Proc. 2012–50, 2012–50 I.R.B. 708; Ann. 2013–37; Ann. 2014–4; Ann. 2014–41; and Rev. Proc. 2015–6) describes a system of cyclical remedial amendment periods under the Code. Under this system, every individually designed plan qualified under § 401(a) or 403(a) has a regular five-year remedial amendment cycle. These remedial amendment cycles are staggered and spread over five-year periods, so that different categories of plans have different cycles. The effect of this system is that plan sponsors may apply for new determination letters generally only once every five years in order to continue to have a letter on which to rely. In addition, under this system every preapproved plan generally has a regular, sixyear remedial amendment cycle. Every

pre-approved plan must be submitted to the IRS for a new opinion or advisory letter every six years, during the applicable on-cycle submission period at the beginning of the plan’s six-year cycle. Preapproved defined contribution plans have a different six-year cycle than preapproved defined benefit plans.

.04 Sponsors and VS practitioners maintaining pre-approved defined benefit plans who sought opinion and advisory letters for the first six-year cycle submitted their applications to the IRS between February 1, 2007, and January 31, 2008. The IRS’s review took into account the requirements of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), Pub. L. 107–16, and other items identified in Notice 2007–3, 2007–1 C.B. 255 (2006 Cumulative List). Adopting employers of these pre-approved plans generally had until April 30, 2012, to adopt the plans and to apply for a determination letter.

.05 Sponsors and VS practitioners maintaining pre-approved defined contribution plans submitted their applications to the IRS from February 1, 2011, to April 2, 2012. The IRS’s review took into account the requirements of the Pension Protection Act of 2006 (PPA ’06), Pub. L. 109–280, and other items identified in Notice 2010–90, 2010–52 I.R.B. 909 (2010 Cumulative List). ¹ The 2010 Cumulative List consists of statutory, regulatory, and guidance changes to plan qualification requirements that were considered by the IRS in its review of the pre-approved defined contribution plans submitted during the applicable on-cycle submission period for the second six-year cycle as well as its review of single employer individually designed Cycle A plans. Adopting employers have until April 30, 2016, to adopt these plans and to apply for a determination letter, if eligible.

.06 The second six-year remedial amendment cycle for pre-approved defined benefit plans began on February 1, 2013, and ends on January 31, 2019. Section 18.02(2) of Rev. Proc. 2007–44 provides that the 9-month applicable on-cycle submission period for sponsors and VS

practitioners maintaining defined benefit mass submitter plans ended on October 31, 2013, and for sponsors and VS practitioners maintaining non-mass submitter plans ended on January 31, 2014. Ann. 2013–37 extended the submission period for defined benefit mass submitter plans to January 31, 2014. Ann. 2014–4 provided an extension to February 2, 2015, for submissions of pre-approved defined benefit plans by sponsors and VS practitioners seeking opinion and advisory letters for the second six-year remedial amendment cycle. Ann. 2014–41 further extended the end of this period to June 30, 2015. Therefore, the 12-month on-cycle submission period for both mass and non-mass submitter sponsors and VS practitioners, word-for-word identical adopters, and M&P minor modifier placeholder applications was scheduled to end on June 30, 2015. Section 23 of this revenue procedure further extends this submission deadline to October 30, 2015. The 2012 Cumulative List of Changes in Plan Qualification Requirements, Notice 2012– 76, 2012–52 I.R.B. 775 (2012 Cumulative List), is to be used by plan sponsors and VS practitioners submitting opinion or advisory letter applications for defined benefit plans during the second remedial amendment cycle.

.07 The third six-year remedial amendment cycle for pre-approved defined contribution plans begins on February 1, 2017, and ends on January 31, 2023. The IRS will begin accepting opinion and advisory letter applications for pre-approved defined contribution plans for the third six-year remedial amendment cycle on February 1, 2017. The 12-month applicable on-cycle submission period for nonmass submitter sponsors and VS practitioners, word-for-word identical adopters, and M&P minor modifier placeholder applications will end on January 31, 2018. As provided in section 18.02(1) of Rev. Proc. 2007–44, the 9-month applicable on-cycle submission period for sponsors and VS practitioners maintaining defined contribution mass submitter plans will end on October 31, 2017. The 2016 Cumulative List of Changes in Plan Qualification

1This included requirements related to the following statutes: PPA ’06, the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, Pub. L. 110–28; the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act), Pub. L. 110–245; the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA), Pub. L. 110–458; and the Small Business Jobs Act of 2010 (SBJA), Pub. L. 111–240.

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Requirements, when issued, will be used by plan sponsors and VS practitioners submitting opinion or advisory letter applications for plans during these periods. The IRS will announce the deadline for timely adoption by employers when the review of the pre-approved documents is close to being completed.

.08 Ann. 2011–82, 2011–52 I.R.B. 1052, describes changes to the Employee Plans determination letter program. These changes, which eliminated features of the determination letter program that were of limited utility, were first added by Rev. Proc. 2012–6, 2012–1 I.R.B. 197, and are currently reflected in Rev. Proc. 2015–6. Under these procedures, many preapproved plan adopters may no longer apply for determination letters.

.09 It is expected that the procedures for applying for opinion and advisory letters will be updated from time to time.