The IRS has released Notice 2026-34, establishing the 2026 Cumulative List of Changes in Plan Qualification Requirements for Defined Benefit Pre-approved Plans (the “2026 Cumulative List”). The 2026 Cumulative List is a checklist issued by the IRS setting forth the provisions it will review for Cycle 4 pre-approved defined benefit (DB) plan opinion letters. Generally, these provisions are changes in law (either by statute or regulation) since the Cycle 3 submission period. For more information on the opinion letter process, see this article. 

What's Included

The provisions included on the 2026 Cumulative List mostly relate to changes in law as a result of the SECURE Act, the CARES Act, and the SECURE 2.0 Act (along with some other changes along the way). Some notable items listed include:

• Required Minimum Distributions (RMDs): Incorporating the required beginning date age increases to 72 and 73, along with the July 19, 2024, final RMD regulations for DB plans.
• Distributions & Cashouts: Increasing the involuntary cashout threshold from $5,000 to $7,000 under SECURE 2.0, and lowering the minimum age for in-service distributions from 62 to 59½.  In addition, rules relating to rollovers from DB plans under final regulations published on July 19, 2024.
• Cash Balance Plans: Reflecting Section 348 of SECURE 2.0, which permits cash balance plans with pay credits that increase with age or service to use a variable interest crediting rate without violating the minimum accrual rules if the rate drops below a certain threshold.
• Attribution & Ownership: Reflecting the SECURE 2.0 adjustments to spousal and parent-child attribution rules, as well as the December 30, 2024, final regulations extending trust and partnership attribution rules under Code section 414(c).
• Various Plan Administration Changes:
  • final regulations on minimum present value requirements (including pre-retirement mortality discounts and Social Security level income options);
  • proposed regulations relating to the use of forfeitures;
  • proposed regulations providing an alternative to in-person witnessing of spousal consent; and
  • proposed regulations that allow domestic relations orders issued by Indian tribal governments to be recognized as “qualified domestic relations orders.”
• Funding & Asset Transfers: Reflecting the extension of time to execute a qualified transfer of surplus pension assets under Code section 420 to a retiree health account described in Code section 401(h).
• Various Disaster Relief Changes.

What's Next

If you are a pre-approved plan provider, it's time to begin reviewing your plan document to make any necessary changes to secure a favorable opinion letter during the next submission period (which begins on August 1, 2026, and ends on July 1, 2027). Reach out to your Groom attorney for assistance in drafting or reviewing your Cycle 4 updates.

Importantly, while this list identifies what the IRS will look for when reviewing opinion letter applications, it does not extend the deadlines by which an adopting employer must amend its adoption agreement to comply with any changes in the qualification requirements applicable to the plan.

The 2026 Cumulative List can be found here.