Tricycle Restatement

CYCLE 3 (TRICYCLE) RESTATEMENT FOR DEFINED CONTRIBUTION PLANS

What is a “restatement”?

A restatement is the complete re-writing of your plan document.

Is the restatement required?

If you use a prototype or volume plan document (which are the most common types of plan documents), you are required to restate (or re-write) the plan document in order to incorporate any prior plan amendments as well as new regulations and laws.

What is the deadline to restate my plan?

All defined contribution (401(k), profit sharing & money purchase) plans that use prototype or volume plan documents must be restated by July 31, 2022.

What happens if we don’t restate our plan?

If the restated plan document is not signed by the July 31, 2022 deadline, the plan could potentially lose its tax-qualified status.

Oops, I missed the July 31, 2022 deadline. What do I do?

The restated plan document should be signed as soon as possible and submitted to the IRS using their Voluntary Compliance Program (VCP). A compliance fee must be paid to the IRS when submitting a VCP application.

Can I pay the restatement fee from the trust?

Yes. Since the plan is required to be restated, the restatement fee is an expense that can be paid using plan assets.