Careers

Experiences

Industries

Offices

Our Firm

Pages

Our People

Updates

Practices

Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

Restatement Window Opens on August 1, 2020 The IRS recently announced that starting August 1, 2020, employers with a pre-approved defined contribution plan (e.g., 401(k) and profit-sharing) will have a two-year time period to rewrite their plan documents. Warner’s Employee Benefits/Executive Compensation Practice Group is pleased to announce that it has obtained IRS pre-approval of its defined contribution plan document and is ready and available to help.

contentpilot/introduction

The window to rewrite pre-approved plans typically opens every six years. While rewriting the retirement plan is required, this timeframe presents an excellent opportunity for plan sponsors, including both existing clients and other employers, to talk with Warner about how their defined contribution plan is working for them and their workforce, to discuss trends in defined contribution plan design and governance, and to review best practices for avoiding future compliance issues.   Advantages of Warner’s Pre-Approved Document We know plan sponsors have a myriad of options for obtaining pre-approved retirement plan documents. But, Warner’s defined contribution plan document was created collaboratively, using a compliance-focused drafting process, and includes the flexibility that comes from the thousands of options already pre-approved by the IRS. This careful drafting process and flexible plan design is what distinguishes Warner’s document from others in the retirement plan marketplace.   Less costly plans often are automatically computer-generated or prepared by someone with limited retirement plan expertise – someone whose primary job is to protect the plan document provider or sell new plan features. These individuals generally don’t make any design recommendations or provide advice in your best interests – only lawyers can provide legal advice.   We gather information from each client and craft a rewritten plan that is specifically tailored to that client’s unique needs, while also satisfying applicable legal requirements. The customized documents we prepare are developed by highly-trained legal professionals whose sole focus is retirement plans.   For more information on the advantages of Warner’s pre‑approved plan document, click <a href="https://admin.wnj.com/wp-content/uploads/2022/07/WNJ-Pre-Approved-Defined-Contribution-Plan.-8.13.20.pdf" target="_blank" rel="noreferrer noopener">here</a>.   You Can Apply for an IRS Determination Letter A defined contribution plan rewritten using Warner’s pre-approved document generally will be eligible to apply to the IRS for an individual determination letter regarding the plan’s ongoing tax-qualified status. The ability to apply for and get an IRS favorable determination letter has become increasingly valuable as the IRS has significantly limited this opportunity for plan sponsors of individually designed plans.   Billing Options Warner understands that clients are more cost conscious than ever, particularly right now in the middle of the COVID-19 pandemic. To that end, Warner is open to completing this project on an alternative fee basis. If you are interested in exploring this opportunity, just let us know.   Fees Payable from Plan Assets           The IRS determination letter filing fee for a rewritten plan on Warner’s pre-approved plan document currently is $800 and increases to $1,000 effective January 4, 2021. The IRS filing fee is eligible for payment or reimbursement using plan assets.   Some, or possibly all, of our fees associated with the plan restatement may be eligible as well.   Next Steps If your defined contribution plan already utilizes the Warner pre-approved plan document, we will contact you directly about your plan’s required rewrite and IRS determination letter submission.   If you sponsor a defined contribution plan that does not utilize the Warner pre-approved plan document and would like to discuss converting to Warner’s document, please contact a retirement plan member of Warner’s <a href="https://www.wnj.com/Practices/Employee-Benefits-Executive-Compensation" target="_blank" rel="noreferrer noopener">Employee Benefits/Executive Compensation Practice Group</a>.   Warner is here to help!

core/paragraph

Employee Benefits

UPDATE: Employers Have Two Years to Rewrite Defined Contribution Plans – Warner is Here to Help

Warner Norcross + Judd LLP is responsible for the contents of our advertising and this website. Please read our full <a href="/privacy-policy/" aria-label="see privacy policy">privacy policy</a> available on our website. If you have any questions or comments about our website or our Privacy Policy please contact us at <a href="mailto:info@wnj.com">info@wnj.com</a> or 616.752.2000.