IRC 401(a) Pre-approved plan document providers can obtain IRS approval (“pre-approval”) of whether the form of defined contribution and defined benefit plans meet the requirements of Internal Revenue Code Sections 401, 403(a), 409, and 4975(e)(7). Types of pre-approved retirement plans Application steps Note: The IRS has revised how pre-approved plan providers (providers) must submit applications. Beginning August 1, 2024, providers must submit Forms 4461 or 4461-B electronically, completing steps 1-3 on Pay.gov. Paper submissions postmarked after July 31, 2024, will not be processed. Also, beginning September 1, 2024, providers must submit Forms 4461-A or 4461-C electronically, completing steps 1-3 on Pay.gov. Paper submissions postmarked after August 31, 2024, will not be processed. Search for your form number on Pay.gov to find the correct form and then follow the instructions. Complete the appropriate application form on Pay.gov. Pay the appropriate user fee provided in Rev. Proc. 2024-4, Appendix A (updated annually) on Pay.gov. Submit your application and user fee on Pay.gov. Note: You must have a single PDF file (not exceeding 15MB) that you’ll upload at the end of the application. The PDF should contain: Current plan document (Note: If a plan received an opinion letter for the preceding cycle, we strongly encourage you to submit a redline of the plan highlighting the changes made.) Adoption agreement, if applicable Cover letter Signed Form 2848, Power of Attorney and Declaration of Representative or Form 8821, Tax Information Authorization, if applicable Certification regarding interim good faith amendments, if applicable Copy of last opinion letter, if applicable Other applicable documents (any additional documents not listed above) Remove items that cause the PDF to exceed 15MB. Fax any additional documents that exceed the 15MB limit to 844-255-4818. Be sure the Pay.gov tracking ID number, EIN and applicant name are listed on the fax coversheet. Faxes are converted into attachments delivered via email to an IRS Outlook mailbox. If the size of the fax creates an email attachment that exceeds the 150MB limit, it will not be delivered due to network protections. You won’t receive a notification that the fax wasn’t delivered. To avoid the problem, split a large fax into separate, smaller faxes. You can fax IRS EP Customer Service at 855-224-1311 to confirm we received your fax. After you submit your application, you’ll receive a confirmation email that includes your tracking ID. Treat the confirmation email as the acknowledgement that we received your application. You will not receive a separate confirmation. Wait for your application to be assigned to an IRS specialist for review. Respond to any inquiries from the IRS specialist assigned to your case. Interim notification – You may receive an interim notification stating that the plan appears to be compliant with the applicable qualification requirements. This notification is not an official opinion letter and it provides no qualification reliance. See Rev. Proc. 2023-37, section 17.02. Receive your official opinion letter from the IRS. Forms to submit using Pay.gov Defined contribution plans (mass submitters and non-mass submitters) Form 4461, Application for Approval of Standardized or Nonstandardized Pre-Approved Defined Contribution Plans User fee is paid through Pay.gov with your application. Certification regarding interim amendments PDF: The application must contain a certification signed by the pre-approved plan provider that the applicant has made all required amendments to retain the plan’s qualified status and communicated them to all adopting employers. Defined benefit plans (mass submitters and non-mass submitters) Form 4461-A, Application for Approval of Standardized or Nonstandardized Pre-Approved Defined Benefit Plan User fee is paid through Pay.gov with your application. Certification regarding interim amendments PDF: The application must contain a certification signed by the pre-approved plan provider that the applicant has made all required amendments to retain the plan’s qualified status and communicated them to all adopting employers. Fourth six-year cycle defined contribution plan word-for-word identical providers and minor modifiers Form 4461-B, Application for Approval of Standardized or Nonstandardized Pre-Approved Plan User fee is paid through Pay.gov with your application. Certification regarding interim amendments PDF: The application must contain a certification signed by the pre-approved plan provider that the applicant has made all required amendments to retain the plan’s qualified status and communicated them to all adopting employers. Fourth cycle preapproved 401(a) defined contribution plan providers Q&As Third six-year cycle defined benefit plan word-for-word identical providers Form 4461-B, Application for Approval of Standardized or Nonstandardized Pre-Approved Plan User fee is paid through Pay.gov with your application. Certification regarding interim amendments PDF: The application must contain a certification signed by the pre-approved plan provider that the applicant has made all required amendments to retain the plan’s qualified status and communicated them to all adopting employers. Third six-year cycle defined contribution plan word-for-word identical providers Form 4461-B, Application for Approval of Standardized or Nonstandardized Pre-Approved Plan User fee is paid through Pay.gov with your application. Certification regarding interim amendments PDF: The application must contain a certification signed by the pre-approved plan provider that the applicant has made all required amendments to retain the plan’s qualified status and communicated them to all adopting employers. All plans A signed Form 2848, Power of Attorney and Declaration of Representative PDF, if applicable Form 8821, Tax Information Authorization PDF, if applicable What adopting employers must do Adopting employers of pre-approved plans must adopt the plan within the two-year adoption period announced by IRS. Adopting employers generally do not apply for their own determination letters because they can rely on the pre-approved plan’s opinion letter. However, if an adopting employer makes changes to their plan, it may lose this reliance. In this instance, the employer could apply for a determination letter if they meet the requirements outlined in section 12 and 13 of Rev. Proc. 2024-4. Also, see Rev. Proc. 2017-41, Section 7, and Rev. Proc. 2023-37, section 12 for a discussion of employer reliance on a pre-approved plan. Related Pre-approved retirement plans - Resources for document providers and adopting employers Tips to avoid processing delays with your determination letter application FAQs on determination, opinion or advisory letter issues Rev. Proc. 2017-41, IRS procedures for issuing opinion letters on the form of Pre-Approved Plans Rev. Proc. 2023-37, IRS procedures for issuing opinion letters on the form of Pre-Approved Plans
