Plans using this Cumulative List will primarily be single
employer individually designed defined contribution (DC) plans and single
employer individually designed defined benefit (DB) plans that are in Cycle C,
and § 414(d) governmental plans (including governmental multiemployer or
governmental multiple employer plans) that choose to file during Cycle
The IRS said it will not consider in its review of any
determination letter application for the submission period that begins February
1, 2013, any guidance issued after October 1, 2012; statutes enacted after
October 1, 2012; qualification requirements first effective in 2014 or later;
or statutory provisions that are first effective in 2013, for which there is no
guidance identified in the notice.
However, the agency noted, in order to be qualified, a plan
must comply with all relevant qualification requirements, not just those on the
2012 Cumulative List.
Notice 2012-76 is at http://www.irs.gov/pub/irs-drop/n-12-76.pdf.