Mid-year Plan Amendments to Comply with Windsor Allowed
On May 15, the IRS issued Notice 2014-37
containing additional post-Windsor guidance for 401(k) or (m) safe harbor plans in response to an informal request by the ASPPA Government Affairs Committee.
The guidance confirms that a mid-year amendment to a safe harbor plan will not affect the plan’s status if the amendment is made in order to bring the plan into compliance with the Windsor decision overturning Section 3 of the federal Defense of Marriage Act of 1996.
The IRS previously outlined the post-Windsor amendment process on April 4 in Notice 2014-19. Notice 2014-19 provided guidance for 401(k)s regarding what they should do in the wake of the Windsor ruling.
Ray Harmon is ASPPA's Government Affairs Counsel.