Update Applicable to:
All employers with government-provided retirement plans.
On August 3, 2022, the Internal Revenue Service (“IRS”) published Notice 2022-33, announcing the extension of the deadline for specific Setting Every Community Up for Retirement Enhancement Act (“SECURE Act”), Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), and Further Consolidated Appropriations Act (“CAA”) or Bipartisan Miners Act non-governmental qualified retirement plan amendments until December 31, 2025 (from December 31, 2022).
What are the details?
With this notice, the IRS has essentially provided a three-year extension on amending plan documents to comply with the SECURE Act, required minimum distribution provisions of the CARES Act, and provisions for pension plan distribution at age 59 ½ in the CAA.
Despite the postponement of amendment due dates, plans must still comply with the provisions of the SECURE Act, CARES Act, and CAA as then in effect.
Below is a list of some of the more prominent provisions that have a postponed amendment due date:
Amendments can be made for these and other provisions at any time, but based on Notice 2022-33, plan amendments for non-governmental qualified retirement plans are not required until December 31, 2025.
What Did Not Change
Most provisions of the CARES Act still require amendment before the end of the current plan year. If your plan elected to apply any of the following CARES Act provisions, plan amendments are due by December 31, 2022, for calendar year plans:
For more information, please see the links below:
What do employers need to do?
Employers should review the links provided above and take steps to ensure they are administering their retirement plans in accordance with applicable law.