SECURE 2.0 amendment deadlines for "applicable collectively bargained plans"

[Belgarath]

So, as far as I can tell, an "applicable collectively bargained plan" means maintained under a collectively bargained agreement ratified before 12/20/2019. Does this mean that if the agreement is "re-ratified" - or more recent than 12/20/2019, then the amendment deadline is 12/31/2026, as opposed to 12/31/2028? It would seem so, although that doesn't make a lot of sense to me...

 

 

 

 

 

[Peter Gulia]

When Congress provides a remedial-amendment period regarding a statute’s changes, a variation regarding collective bargaining protects an agreement made before the statute’s enactment. The idea is that an employer and the labor union ought not be required to open negotiations until the next time negotiations would regularly open nearing the end of the collective-bargaining agreement’s term. A premise of labor-management relations is that neither side unilaterally changes provisions about retirement benefits; it’s a subject for their bargaining.

If the term of a CBA made before the statute’s enactment expired (or would have expired but for an extension or renewal), the employer and the union had an opportunity to discuss what retirement plan provisions they would make (or not) in response to the statute’s changes.

This is not advice to anyone.

[Belgarath]

Got it! Thanks - it makes sense now.