Rev. Proc. 2016-37 describes a staggered remedial amendment system for

pre-approved plans that are qualified under § 401(a) of the Internal Revenue Code. The revenue procedure provides separate six-year remedial amendment cy

cles for pre-approved defined benefit and pre-approved defined contribution plans. Section 16 of Rev. Proc. 2016-37 provides that the third six-year remedial amendment cycle for pre-approved defined benefit plans ends on January 31, 2025. Section 16 further provides that the IRS may revise the cycle dates to respond to changing circumstances and the needs of plan sponsors and that any such revision will be announced in guidance published in the Internal Revenue Bulletin.

Rev. Proc. 2017-41, 2017-29 I.R.B. 92, modifies the pre-approved letter program by combining the former master and prototype and volume submitter programs into a single opinion letter program. Under this program, providers of pre-approved plans may continue to apply for new opinion letters once every six years. Rev. Proc. 2017-41 sets forth the procedures for providers to obtain opinion letters for qualified pre-approved plans submitted with respect to the third (and subsequent) sixyear remedial amendment cycles.

In order to receive opinion letters with respect to the third six-year remedial amendment cycle, Rev. Proc. 2016-37 and the 2020 Cumulative List require that providers update their pre-approved defined benefit plans for changes in plan qualification requirements set forth in the 2020 Cumulative List.