IRS Publication 6392 – If you’re a plan sponsor, administrator, tax professional, or Employee Plans (EP) specialist working with qualified retirement plans, IRS Publication 6392 is an essential resource. This official IRS document provides clear explanations, worksheets, and deficiency checksheets to help ensure employee benefit plans meet Internal Revenue Code (IRC) qualification requirements under miscellaneous provisions.
Published as Rev. June 2021 (Catalog Number 48727K), IRS Pub 6392 remains the current version and applies particularly to determination letter applications submitted to conform to the 2020 Required Amendment List (Section IV of Notice 2020-83). It pairs with Form 5626 (Worksheet 4) and Form 6043 (Deficiency Checksheet 4) to identify potential qualification issues in areas not covered by other specialized checklists.
Download the full PDF directly from the official source: https://www.irs.gov/pub/irs-pdf/p6392.pdf.
What Is IRS Publication 6392 and Who Needs It?
IRS Publication 6392 is part of the IRS’s series of “Explanation” packages designed for reviewing retirement plan documents. These tools help:
- Plan sponsors self-review plans before submitting Form 5300 or 5307 determination letter applications.
- IRS EP specialists evaluate plans for qualification.
- Practitioners draft compliant plan language or corrective amendments.
The publication explicitly states its purpose: to spot major problems in plan qualification while noting that unlisted issues could still disqualify a plan. A “Yes” answer on the worksheet generally means compliance, while a “No” flags a problem that requires explanation or correction. Plans more generous than statutory minimums can still qualify even if wording differs, as long as the legal minimum is met.
Key disclaimer: The forms and explanations are examples only—do not complete or return them to the IRS. Technical rules may change with future regulations or guidance.
Core Topics Covered in IRS Pub 6392
The publication organizes content around Form 5626 Worksheet 4 questions and provides detailed legal explanations with IRC citations, Treasury Regulations, Revenue Rulings, and Notices. Here are the main sections:
1. Plan Termination, Partial Termination, and Merger/Consolidation Provisions
- Plans must include express language making participants’ interests nonforfeitable to the extent funded upon full or partial termination (or complete discontinuance of contributions in profit-sharing/stock bonus plans under IRC §412(h)).
→ IRC §411(d)(3); see also Rev. Rul. 2007-43 on the 20% turnover presumption for partial terminations. - Merger/consolidation or asset/liability transfers must protect participants’ benefits (post-merger benefit ≥ pre-merger benefit if the plan then terminated).
→ IRC §401(a)(12); §414(l). - Special rules apply to “termination/reestablishment” or “spinoff/termination” transactions involving overfunded defined benefit plans and asset reversions to the employer. Full vesting, guaranteed annuity contracts (or lump sums), and selective caveats in determination letters are often required.
→ IRC §401(a)(2); Rev. Rul. 85-6; Treasury news release (May 24, 1984). - Permanency requirement: Repeated reversions within 15 years can violate the “intended to be permanent” rule.
→ Treas. Reg. §1.401-1(b)(2).
2. Benefits, Distributions, and Anti-Alienation Rules
- Anti-assignment/alienation (IRC §401(a)(13)): Benefits generally cannot be assigned or used as loan collateral, with exceptions for:
- Voluntary revocable assignments (≤10% of payments in pay status).
- Plan loans exempt from prohibited transaction excise tax.
- Qualified Domestic Relations Orders (QDROs) under §414(p).
- Offsets for certain criminal/civil liabilities to the plan.
- Timely commencement of benefits (IRC §401(a)(14)): Unless the participant elects otherwise, payments must begin no later than the 60th day after the plan year in which the latest of normal retirement age (or 65), 10th anniversary of participation, or termination of service occurs. Written election required for deferral.
- Early retirement and pre-age 62 distributions: Pension plans generally cannot pay benefits before age 62 (or normal retirement age, if earlier), death, disability, or termination. “Applicable plans” under §411(f) have special rules for pre-2015 normal retirement age definitions.
- Early retirement benefit upon meeting service requirement: Must be at least the actuarially reduced normal retirement benefit.
→ IRC §401(a)(14); Treas. Reg. §1.401(a)-14(c). - Rollover rights (IRC §401(a)(31)): Direct rollovers for eligible rollover distributions; automatic rollovers for mandatory cash-outs >$1,000 (with safe harbor IRA); nonspouse beneficiary rollovers to inherited IRAs (§402(c)(11)).
- Military service death benefits (IRC §401(a)(37)): Survivors receive additional benefits as if the participant returned to service and then died.
- 401(h) retiree medical accounts: Separate accounts allowed in pension plans if subordinate to retirement benefits (≤25% of contributions) and other strict rules.
3. General Qualification Requirements
- No reversion of assets to employer before satisfying all liabilities (limited exceptions for initial qualification failures, good-faith mistakes, or §404 deductibility issues).
→ IRC §401(a)(2); Rev. Rul. 91-4. - Normal retirement benefits nonforfeitable at normal retirement age (§411(a)(8)).
- Predetermined, nondiscretionary allocation or benefit formulas (no employer discretion).
- Specified actuarial assumptions/methods for optional forms in defined benefit plans (§401(a)(25)).
- Incidental preretirement death benefits (life insurance limits: <50% of contributions in many cases; must coordinate with QPSA/QJSA).
- Annual fair market value valuation of investments on a specified date with uniform adjustments (Rev. Rul. 80-155).
- Corrective amendments for coverage/nondiscrimination failures (Treas. Reg. §1.401(a)(4)-11(g)).
- Deemed IRA accounts (§408(q)) must be separately accounted for and not commingled improperly.
- Diversification under §401(a)(35) for applicable defined contribution plans holding publicly traded employer securities (elective divestment rights, multiple investment options).
- Compensation limit under §401(a)(17) ($200,000 base, inflation-adjusted; special rules for pre-2002 and defined benefit fresh-start calculations).
4. ESOP-Specific Miscellaneous Provisions (Section V)
For Employee Stock Ownership Plans, Pub 6392 provides extensive requirements:
- Formal ESOP designation and primary investment in “qualifying employer securities” (§409(l)).
- Strict rules for exempt loans: no recourse, limited collateral, reasonable interest, fixed term, release from suspense account (general or special rule), forfeiture priority.
- Participant voting and distribution rights (demand for stock, put option for non-tradable securities, independent appraiser valuations).
- Diversification elections (§401(a)(28)(B) or §401(a)(35) as applicable).
- §1042 and §409(p) nonallocation rules (especially for S corporation ESOPs and disqualified persons).
- Dividend deduction rules (§404(k)).
How to Use IRS Publication 6392 in Practice?
- Review your plan document against Form 5626 Worksheet 4 questions.
- Use the detailed explanations and IRC citations to verify compliance.
- If deficiencies appear, refer to Form 6043 for sample corrective language (not required verbatim).
- Document “No” answers and proposed fixes for submission packages.
Plan sponsors should cross-reference with other publications in the series (e.g., Pub 6391 for joint & survivor annuities, Pub 6393 for coverage/nondiscrimination).
Why IRS Pub 6392 Matters for Plan Qualification?
Failure to satisfy these miscellaneous provisions can result in disqualification, loss of tax-favored status, and costly corrections. Using this publication proactively helps avoid IRS challenges during determination letter reviews and supports ongoing operational compliance.
Note on currency: As of 2026, the June 2021 revision is the latest listed on IRS.gov. Always check IRS.gov for any subsequent updates, Notices, or Revenue Procedures that may affect specific rules.
Frequently Asked Questions (FAQs) about IRS Publication 6392
Is IRS Publication 6392 still current?
Yes—Rev. 6-2021 is the active version on IRS.gov for miscellaneous provisions.
Do I need to submit the worksheet with my determination letter application?
No. The forms are tools for review only.
Does this apply to 401(k) plans?
Yes, many provisions (anti-alienation, rollovers, compensation limits, diversification) apply to defined contribution plans including 401(k)s and ESOPs.
Where can I find related checklists?
See the full list at IRS.gov/retirement-plans/irs-checklists-for-retirement-plan-documents.
Conclusion: Stay Compliant with IRS Publication 6392
IRS Publication 6392 delivers authoritative, citation-rich guidance on the often-overlooked “miscellaneous” rules that keep qualified employee benefit plans in good standing. Whether you’re drafting a new plan, amending an existing one, or preparing for IRS review, this publication is your go-to reference for termination protections, benefit safeguards, ESOP compliance, and more.
For the most accurate and up-to-date information, always download the official PDF from IRS.gov and consult a qualified retirement plan professional or tax advisor for your specific situation.
Official Download: IRS Publication 6392 PDF
Bookmark this guide and the IRS Retirement Plans page for ongoing compliance resources. Proper use of Pub 6392 helps protect your plan’s tax-qualified status and the retirement security of your participants.