IRS Updates Model Language for Traditional, Roth, and SIMPLE IRAs

Originally published July 7, 2010

On June 16, 2010, the Internal Revenue Service (IRS) updated its Listings of Required Modification (LRMs) for Traditional IRAs, Roth IRAs, and SIMPLE IRAs. The IRS provides the LRMs as model language to assist sponsors in drafting IRA trust and custodial agreements and annuity contract endorsements. Though slightly revised in 2007 to reflect changes under the Pension Protection Act of 2006 (PPA), the LRMs have remained largely the same since the last substantial update in 2002 for the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA).

The newly revised LRMs include a number of substantive additions meant to incorporate applicable provisions of the Worker, Retiree, and Employer Recovery Act of 2008 and the Heroes Earnings Assistance and Relief Tax Act of 2008. The most significant additions are listed below. As noted, some of these changes apply to all IRAs, while others are specific to certain types of IRAs.