The IRS has taken the trust/custodial provisions out of the Cycle 3 DC pre-approved plan process and will not rule on ERISA Title I language. This creates an opportunity to mitigate risks by customizing language in pre-approved documents without jeopardizing reliance. We will cover ideas for the types of provisions that could be added such as arbitration provisions, indemnities, shortened statutes of limitation and other non-tax related provisions.
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