The IRS released today the 2007 Cumulative List of Changes in Plan Qualification Requirements in Notice 2007-94.  This 2007 Cumulative List is to be used primarily by plan sponsors of individually designed plans that are in the Cycle C submission period for purposes of the determination letter program.  All governmental plans (as defined in Internal Revenue Code Section 414(d)) are in Cycle C.  Note:  Pre-approved plans such as volume submitter plans are on a different cycle.  (For non-governmental plans, a plan is in the Cycle C submission period if it is a single employer plan where the last digits of the plan sponsor's employer identification number is 3 or 8).

The 2007 Cumulative List identifies those issues the IRS has specifically identified for review in determining whether a plan filing in Cycle C has been properly updated.  The IRS will begin accepting determination letter applications for Cycle C plans on February 1, 2008.  The submission period for Cycle C plans will end January 31, 2009.  Because this 2007 Cumulative List covers both governmental and non-governmental plans, many requirements will not be applicable to governmental plans.  Therefore, the first step that a governmental plan must take in reviewing this list is to determine which provisions are applicable.

The 2007 Cumulative List reflects changes in various laws including the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA").  The Notice also includes a list of provisions with respect to the Pension Protection Act of 2006 ("PPA").  Plans submitted in Cycle C may include the applicable PPA provisions; however, the Notice states that the IRS will not cover the PPA-related provisions in issuing determination letters.