IRS Employee Plans News (Sept. 18, 2026)
Available at https://www.irs.gov/retirement-plans/employee-plans-news#2026
The IRS has issued guidance clarifying whether plan amendments that implement provisions of the SECURE Act and the SECURE 2.0 Act must be adopted by the deadlines set forth in Notice 2024-2 (generally, December 31, 2026) or by the deadlines set forth in an applicable Required Amendments List (RA List). The answer depends on whether the amendment is required or discretionary, as follows:
- Required Amendments. In general, the deadline for required amendments is the end of the remedial amendment period, which is the last day of the second calendar year following the calendar year in which the amendment is adopted or effective (whichever is later) or, for a disqualifying provision arising from a change in qualification requirements, the last day of the second calendar year that begins after the issuance of the RA List on which the change appears. The guidance explains that provisions that cannot reasonably be reflected in plan language without additional guidance will not be included on an RA List until final regulations are issued and applicable, and specifies that it is reasonable to assume that a change not listed on the RA List for the year the change first applies will appear on a future RA List. For example, the SECURE 2.0 Act Roth catch-up requirements are expected to appear on the 2027 RA List, making the amendment deadline generally December 31, 2029. Other SECURE Act and SECURE 2.0 Act provisions expected to appear on future RA Lists, following issuance of final regulations, are automatic enrollment requirements, long-term part-time employee requirements, and required minimum distribution requirements that have not already appeared on an RA List.
- Discretionary Amendments. Amendments implementing optional plan features that are permitted but not required are discretionary amendments. While discretionary amendments ordinarily must be adopted by the last day of the plan year in which the provision is operationally put into effect, Notice 2024-2 extends this deadline to December 31, 2026, for SECURE Act and SECURE 2.0 Act discretionary amendments (with later deadlines for collectively bargained and governmental plans). For example, a plan that began permitting participants to designate certain matching and nonelective contributions as Roth contributions in the 2023 plan year would need to adopt a conforming plan amendment by December 31, 2026. Discretionary SECURE Act and SECURE 2.0 Act provisions will never themselves appear on an RA List, but guidance relating to discretionary provisions may appear on an RA List (in Part C). For plans that have previously adopted a discretionary provision, an amendment reflecting applicable guidance on a later RA List must be adopted by the end of the second plan year after the guidance is listed.
According to the IRS, the 2026 RA List will include language clarifying these amendment deadlines in a manner consistent with this guidance.
EBIA Comment: This guidance provides helpful clarity on SECURE Act and SECURE 2.0 Act amendment deadlines. Plan sponsors and their advisors should identify which pending amendments are required versus discretionary, watch for regulations on the identified open issues, and monitor future RA Lists for specific amendment deadlines. For more information, see EBIA’s 401(k) Plans manual at Sections XXVII.E (“Amendment Timing: Overview”), XXVII.F (“Remedial Amendment Periods Under the Code”), and XXVII.G (“IRS Guidance Extending Remedial Amendment Periods”).
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