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IRS Clarifies When Plan Amendments May be Used to Correct Operational Failures.

The Internal Revenue Service (IRS) recently explained when a plan amendment can be used to correct a failure to follow plan terms in the operation of a retirement plan. (See Retirement News for Employers, Winter 2008). The Employee Plans Compliance Resolution System (EPCRS) is a voluntary correction program that allows plan sponsors to correct plan mistakes that, if left uncorrected, could result in a retirement plan losing its favorable tax treatment. The EPCRS includes a Self-Correction Program (SCP), under which a correction can be made without paying a fee or contacting the IRS. However, SCP is only available to correct a failure to follow the terms of the plan in its operation (operational failure).

Internal Revenue Service and Department of Labor Update Correction Programs (pdf).

Both the Internal Revenue Service (IRS) and the Department of Labor (DOL) have recently announced several positive changes to their voluntary correction programs for retirement plans. On May 5, 2006, the IRS released Revenue Procedure 2006-27, which updates and expands its correction program, known as the Employee Plans Compliance Resolution System (EPCRS). On April 19, 2006, the DOL published an update to its correction program, known as the Voluntary Fiduciary Correction Program (the 2006 VFC Program).
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