IRS Reopens the Determination Letter Program for Certain Plans

On May 1, 2019, pursuant to Revenue Procedure 2019-20, the Internal Revenue Service (IRS) opened up its long-standing determination letter program for individually designed plans (as opposed to pre-approved plans) set forth in Revenue Procedure 2019-4 for certain ongoing plans. Specifically, as of September 1, 2019, plan sponsors of qualified plans with merger and acquisition (M&A) activity and hybrid formulas are eligible to file for updated determination letters. This is an important first step to allowing plan sponsors with ongoing plans the ability to have the IRS bless their plan document as to the form (as opposed to plan operations), which was commonplace prior to the substantial restriction of the program in 2016. Set forth in the article linked below, in question and answer format, is a summary of the expanded program.