The IRS has published the 2012 Cumulative List of Changes in Plan Qualification Requirements (2012 Cumulative List). The 2012 Cumulative List informs plan sponsors and practitioners of issues the IRS has specifically identified for review when determining whether individually designed single-employer plans filing in Cycle C have been properly updated.
The 2012 Cumulative List reflects law changes made by the Pension Protection Act of 2006 (P.L. 109-280 ), the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act (P.L. 110-28 ), the Heroes Earnings Assistance and Relief Tax Act of 2008 (P.L. 110-245 ), the Worker, Retiree, and Employer Recovery Act of 2008 (P.L. 110-458 ), the Small Business Jobs Act of 2010 (P.L. 111-240 ), the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (P.L. 111-192 ), and the Moving Ahead for Progress in the 21st Century Act (P.L. 112-141 ).
In order to be qualified, a plan must comply with all relevant qualification requirements, not just those on the 2012 Cumulative List. With certain exceptions, the IRS will not review plan language for guidance issued after October 1, 2012, statutes enacted after October 1, 2012, qualification requirements first effective in 2014 or later, or statutory provisions first effective in 2013, for which no guidance is identified in the 2012 Cumulative List. Thus, sponsors of pre-approved plans may not rely on opinion or advisory letters with respect to any guidance issued after October 1, 2012, unless that guidance is on the 2012 Cumulative List.
Notice 2012-76, 2012FED ¶46,572
Code Sec. 401
CCH Reference – 2012FED ¶17,507.15
CCH Reference – 2012FED ¶17,507.2531
CCH Reference – 2012FED ¶17,929.024
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CCH Reference – TRC RETIRE: 51,052.20