Rev. Proc. 2023-37 permits a Pre-approved Plan to use either of two formats: a single plan

document or a basic plan document with an adoption agreement. See section 4.01(13) therein. This LRM reflects the latter format but recognizes that the former is also acceptable. Also, a money purchase plan may be combined with a profit-sharing plan (with or without a qualified CODA) in the same Pre-approved Plan document. A Nonstandardized plan that contains an ESOP may also include a qualified CODA. See section 14.06(3)(b)(ii) of Rev. Proc. 2023-37.

This package contains samples of plan provisions that satisfy certain specific requirements of the Internal Revenue Code, as amended through the SECURE 2.0 Act of 2022, Pub. L. 117–328 (“SECURE 2.0”), as reflected on the Cumulative list of Changes in Retirement Plan Qualification Requirements (Cumulative List), Notice 2024-3, 2024-2 I.R.B. 338 (unless otherwise noted.) Depending on the context, such language may or may not be acceptable in specific plans. For example, some language may not be necessary in a non- electing church plan or government plan.

These CODA LRMs have been revised to reflect changes by Sections 112 of the SECURE Act of 2019 and Sections 125 and 401 of SECURE 2.0. See also Prop. Reg. § 1.401(k)–5, 88 FR 82796, proposed to apply to plan years that begin on or after January 1, 2024, but taxpayers may rely on the proposed rules prior to this date.

These CODA LRMs are not revised to reflect certain changes to catch-up contribution limits and requirements enacted by SECURE 2.0, to the extent these changes are not included on the Cumulative List. This CODA LRM also does not include plan language for implementing pension-linked emergency savings accounts (PLESAs) under 29 U.S.C. § 1193, added by Section 127 of SECURE 2.0.

i | Cash or Deferred Arrangement (CODA) LRM Package 01-2024

I. Adoption statement ............................................................................................................ 1