Every five to seven years, qualified retirement plans are required by the Internal Revenue Service (IRS) to “restate” their plan documents. The restatement will encompass new regulations and legislative changes set forth by governing entities along with any voluntary amendments you have made to your plan since the previous restatement period.
The IRS requires all qualified 401(k) plans to restate their plan document every five to seven years to ensure the plan follows regulations set forth by governing entities. Failure to restate your plan document by the deadline could result in disqualification of the plan.
All plan Trustees listed within the document are required to sign the restated Adoption Agreement and Trust Agreement. During the signing process, each trustee listed in your plan will receive an email with instructions outlining how to sign their section of the Adoption Agreement and Trust Agreement. Only one trustee will be required to sign the Adoption Agreement whereas all trustees will be required to sign the Trust Agreement.
There are two documents for trustees to sign:
1) Adoption Agreement
2) Trust Agreement
The trust agreement was previously included in the basic plan document however, for the Cycle 3 restatement process the IRS has required the Trust Agreement be a stand-alone document.
Contact our support team – by email support@myubiquity.com or phone 855.401.4357, option 1 – for instructions to change your plan trustee.
There have been legislative changes and plan flexibility updates however, your basic plan provisions (eligibility, contributions, etc.) have not changed. To see the changes made to your plan see below:
*This change only applied if the plan provision already existed in your plan document.
July 31, 2022, however, we recommend signing as soon as you have received and reviewed your restatement email and documents. All changes made within your document will be effective on the date you receive the email.
The IRS has termed current restatement as “Cycle 3” since it is the third required document update since they changed the structure of the restatement process.
A pre-approved document is reviewed and approved by the IRS to include permissible provisions and legislative regulations.
The document restatement is a separate process and will not affect the 5500 preparation and signing process. The Form 5500 is an information only return that reports the annual financials of the plan to the IRS and DOL. The plan’s Adoption Agreement defines the provisions of your plan.
Yes, changes to company information such as address, phone number, fax, EIN, or trustee(s) can be made by sending a trustee signed letter of instruction to support@myubiquity.com. For security purposes, further documentation requests may be necessary.
- Log into myubiquity.com as the plan trustee
- Click “E-sign Documents” on the trustee dashboard
- Review and sign the restated Adoption Agreement and Trust Agreement
For ease of use and security, an electronic signature is preferred and recommended. We will accept a signed printed copy of the restated Adoption Agreement and Trust Agreement by email sent to support@myubiquity.com. You may continue to receive reminders to sign your documents if you opt for a wet signature.
Your plan’s tax qualification status may be at risk if plan documents are not restated timely. To avoid disqualification, a corrective filing through the IRS Voluntary Correction Program is the only remedy.