The Internal Revenue Service (IRS) recently issued needed relief to extend some amendment deadlines for non-governmental qualified retirement plans and 403(b) plans, and for individual retirement accounts (IRAs) under the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act), the Bipartisan American Miners Act of 2019 (Miners Act), and certain provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) until December 31, 2025. However, the IRS did not provide relief for all required amendments for the 2022 plan year. Plan sponsors that elected to offer COVID-related distributions or loan relief (or utilized disaster-related relief for loans or distributions under the Taxpayer Certainty and Disaster Tax Relief Act of 2020) still need to amend their plans by the end of 2022 plan year.
Plan sponsors were in a precarious position as the IRS has yet to publish certain guidance implementing changes required under the SECURE Act, including finalizing the rules for required minimum distributions. The pending bipartisan retirement legislation, informally referred to as “SECURE 2.0” (i.e., the Securing a Strong Retirement Act and the Enhancing American Retirement Now (EARN) Act), would provide amendment extensions, but the bill is not expected to pass until at least late in 2022. SECURE 2.0 also could change provisions of the original SECURE Act, creating further uncertainty as to current amendment requirements. For example,...
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