SECTION 16. PUBLIC COMMENTS

Comments are requested on specific types of plans for which the Treasury Department and the IRS should consider accepting determination letter applications in circumstances other than for an initial plan determination, for a determination upon plan termination, and for a determination with respect to Merged Plans. As provided in section 9.06, circumstances for consideration include, for example, significant law changes, new approaches to plan design, and the inability of certain types of plans to convert to pre‑approved plan documents. Comments that suggest expanding the scope of the program for a

particular type of plan should not merely state the type of plan, but should also specify the issues applicable to that type of plan that would justify review of that particular plan type under the determination letter program. Such issues may include specific plan features and special plan designs applicable to that type of plan, or unresolved questions with respect to whether that type of plan satisfies the Qualification Requirements or Section 403(b) Requirements, as applicable, in form. Comments should be submitted in writing by February 28, 2023, and should include a reference to Rev. Proc. 2022-40. Comments may be submitted in one of two ways: (1) Electronically via the Federal eRulemaking Portal at www.regulations.gov (type “IRS Revenue Procedure 2022-40 in the search field on the Regulations.gov home page to find this revenue procedure and submit comments); or (2) By mail to: the Internal Revenue Service, Attn: CC:PA:LPD:PR (Rev. Proc. 2022-40), Room 5203, P.O. Box 7604, Ben Franklin Station, Washington, D.C. 20044. The Treasury Department and the IRS will publish for public availability any comment submitted electronically or on paper to its public docket.

DRAFTING INFORMATION

The principal author of this revenue procedure is Angelique Carrington of the Office of Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes). For further information regarding this revenue procedure, contact Robin Joecken of Employee Plans at (513) 9756365 (not a toll‑free number).

20 Under section 7476, notice that an application for an advance determination regarding whether the form of a qualified plan satisfies the Qualification Requirements must be given to all interested parties. Section 7476 does not apply to section 403(b) plans. See the annual revenue procedure for the year in which a determination letter is filed for a more detailed description of the notice to interested parties and notice to interested persons requirements. The notice to interested persons requirement for section 403(b) plans will appear in a future annual revenue procedure.

21 The public inspection requirements of section 6104 apply only to determination letter applications submitted for qualified plans. Section 6104(a)(1)(B) provides that any application filed with respect to the qualification of a pension, profit-sharing, or stock bonus plan under section 401(a) or 403(a) shall be open to public inspection at such times and in such places as the Secretary may prescribe.

November 21, 2022 496 Bulletin No. 2022–47