SECTION 11. RELIANCE ON

DETERMINATION LETTERS

Section 23 of Rev. Proc. 2022-4 (updated annually) discusses reliance on a determination letter, including the effect

of subsequent amendments made to the plan. For example, under section 23.04 (and under a future annual revenue procedure with respect to section 403(b) plans), in general, a Plan Sponsor that maintains an individually designed qualified plan or section 403(b) plan for which a favorable determination letter has been issued and that is otherwise entitled to rely on the determination letter may not continue to rely on the determination letter with respect to a plan provision that is subsequently amended (including any other plan provision that may be affected by the amended provision) or that is subsequently affected by a change in Qualification Requirements or Section 403(b) Requirements. However, a Plan Sponsor may continue to rely on a determination letter with respect to plan provisions that are not amended (or affected by an amendment) and plan provisions that are not affected by a change in Qualification Requirements or Section 403(b) Requirements. In addition, a Plan Sponsor that adopts a sample or model amendment issued by the IRS on a word-for-word basis (or adopts an amendment that is substantially similar to a sample or model amendment in all material respects) may continue to rely on a previously issued determination letter.