Rev. Proc. 2023-37 describes a recurring remedial amendment cycle system

for pre‑approved plans. The revenue procedure provides separate remedial amendment cycles for defined contribution qualified pre-approved plans, defined benefit qualified pre‑approved plans, and section 403(b) pre-approved plans. ¹

Section 8 of Rev. Proc. 2023-37 provides that the schedules for pre-approved plan cycles are available at https://www. irs.gov/retirement-plans/determinationopinion-and-advisory-letters-6-year-cycle-for-pre-approved-plans-plans. Section 8 further provides that the IRS may revise the schedules to respond to changing circumstances and the needs of adopting employers, and that any such revision will be reflected in guidance published in the IRB (either in a revenue procedure, an announcement, or in the applicable cumulative list).

In order to receive opinion letters with respect to Cycle 4, Rev. Proc. 2023-37 and the 2023 Cumulative List require that providers update their defined contribution qualified pre-approved plans for changes in plan qualification requirements set forth in the 2023 Cumulative List.

Section 5.02 of Rev. Proc. 2023-37 provides that when the review process for a cycle of pre-approved plans is near completion, the IRS will announce the employer adoption window for that cycle and the adopting employer must adopt a newly approved pre-approved plan during that window. The employer adoption window is also generally the period during which an adopting employer of a newly approved pre‑approved plan may file for a determination letter, if applicable, pursuant to section 25 of Rev. Proc. 2023-37. As described in section 5.02 of Rev. Proc. 2023-37, the deadline to adopt a newly approved pre-approved plan is expected to be a uniform date that will apply to all adopting employers, and it is expected that the

employer adoption window will provide virtually all employers approximately two years to adopt a newly approved pre-approved plan and file for a determination letter, if applicable.