News Archive

"This year brings several important updates, including the 2025 Required Amendments List (RAL), updated IRS tax tables, and annual TEFRA notice obligations that should be addressed early to avoid year‑end bottlenecks. ... [This article breaks] down the key updates you need to know as you kick off 2026, along with practical reminders to help keep your plan on track throughout the year."  MORE >>

Topics: [1] 2025 Required Amendments List for Qualified and Section 403(b) Plans: Notice 2025-60 ... [2] Notice 2026-02: Update for weighted average interest rates, yield curves, and segment rates ... [3] Required Minimum Distributions ... [4] Qualified Charitable Distributions.  MORE >>

"Many 401(k) plans likely need to be amended to reflect the RMD applicable age change. Whether a plan needs to be amended to reflect the changes to post-death distributions will depend on the terms of the plan -- some may already provide for distribution of a participant's benefit earlier than required under this provision."  MORE >>

"[T]his year's list includes changes to the rules for required minimum distributions (RMDs) made by the [SECURE Act] of 2019 (SECURE 1.0) and certain RMD changes made by the SECURE 2.0 Act of 2022. These provisions now have a plan amendment deadline that is one year later than the deadline that applies to most other SECURE 1.0 and 2.0 provisions."  MORE >>

"The SECURE 2.0 changes that have most commonly been put into effect for such plans are [1] an increase in the small balance distribution limit from $5,000 to $7,000 and [2] an increase in the required minimum distribution age from age 72 under the SECURE Act of 2019 ... If a calendar year non-governmental 457(b) plan has operationalized either change, or both, a plan amendment will be needed to reflect the relevant changes by December 31, 2025[.]"  MORE >>

"[1] Changes in requirements that generally would require an amendment to most plans or to most plans of the type affected by the change and do not relate to optional plan provisions previously adopted: Modification of required minimum distribution rules ... [2] Changes in requirements that may require an amendment because of an unusual plan provision in a particular plan and do not relate to optional plan provisions previously adopted: Reform of partnership and trust attribution rules ... [3] Changes in requirements that relate to optional plan provisions previously adopted: None."  MORE >>

"[N]on-governmental 457(b) deferred compensation plans must be amended ... to account for: [1] Extensions relating to commencement of required minimum distributions (RMDs) ... [2] Implementation of the 10-year RMD Rule ... the December 31, 2025 deadline is unique to non-governmental 457(b) plans. "  MORE >>

"[P]lan sponsors that made discretionary changes to their plans during the 2025 plan year should ensure that such amendments are documented in a formal plan amendment before the end of the year.... The general deadline to amend a qualified plan (that is neither a government plan nor a collectively bargained plan) to reflect changes adopted under several recent federal laws (including the SECURE Act, the CARES Act, and SECURE. 2.0) is December 31, 2026."  MORE >>

"Sponsors will need to amend plan documents implementing the Roth catch-up rule no later than December 31, 2026 ... With respect to safe harbor 401(k) plans, the IRS indicated that a midyear plan amendment implementing this feature does not constitute a prohibited midyear change that would jeopardize safe harbor status."  MORE >>

"The most immediate operational problem is for 401(k), 403(b) and other DC plans that allow catch-up contributions.... Sponsors of tax-exempt governmental plans must make their changes by December 31, 2025, regardless of plan year. The Roth catch-up rule applies on a calendar-year basis, regardless of your plan year. Consequently, operational changes are needed by January 1, 2026 for all affected plans."  MORE >>

"In 2022, employers were required to amend T-E 457(b) Plans to reflect changes to the required minimum distribution (RMD) rules made by the SECURE Act of 2019, known as SECURE 1.0, including the increase in a participant’s required beginning date (RBD) to age 72.... SECURE 2.0 made additional changes to the RMD rules[.]"  MORE >>

"Tax-exempt sponsors must amend 457(b) plans by the December 31, 2025, deadline to comply with SECURE Act and SECURE 2.0 -- no extensions apply. RMD age increases, beneficiary rules, and automatic cash-out maximums may require updates; sponsors should align documents and operations now to avoid issues."  MORE >>

"The deadline by which a plan sponsor must amend its retirement plans depends on the plan type. Here’s a list of the current amendment deadlines by plan type."  MORE >>

"Even if not yet required, plan sponsors may wish to amend their plans this year for certain changes that are already in effect, or to reflect changes that will take effect in 2026. Plan sponsors that wait until the legal deadline to amend their plans for SECURE Act, CARES Act, and SECURE 2.0 changes should keep a running list of the effective dates for any optional provisions, as they may have gone into effect several years before the legal amendment deadline."  MORE >>

"This year, the 'biggest' action item for plan sponsors is deciding how to handle the mandatory Roth catch-up provision of the SECURE 2.0 Act of 2022 ... The second biggest consideration ... concerns 401(k) plan forfeitures.... [P]lan sponsors should inventory any mid-year operational changes and confirm with recordkeepers and legal counsel that the corresponding amendments are formally executed by year-end."  MORE >>

"[S]ponsors of tax-exempt 457(b) plans now face a short timeframe to implement amendments, such as the increase in the required minimum distribution age, which was first raised to 72 under the SECURE Act, then to 73 under SECURE 2.0 ... It is unlikely that the IRS will grant tax-exempt 457(b) plans a last-minute extension, especially given the government shutdown[.]"  MORE >>

"In Administrative Determination No. 25-03, the Hacienda clarifies that SECURE 2.0 amendments will not require sponsors of retirement plans covering residents of Puerto Rico to file for an updated determination letter, although adopting additional, non-SECURE 2.0 amendments may trigger the need for an updated letter."  MORE >>

"Although the mandatory deadline to adopt required amendments to qualified retirement plans remains December 31, 2026 for most plans, plan sponsors will find that amending plans to reflect any required or selected optional provisions when those provisions become effective can help avoid errors in administration, as well as help communicate those changes to plan participants and beneficiaries. Some of the provisions in recent pension legislation will require support from the plan's recordkeeper or third-party administrator, and coordination will likely be necessary before implementing any plan design changes."  MORE >>

"For most plans, no required changes under law or guidance need amendments by Dec. 31, 2025.... [S]ponsors of calendar-year plans may need to update their plan documents before the end of the year to reflect discretionary changes that took effect earlier in 2025.... [M]ost sponsors have until the end of 2026 to amend their plans for several significant law changes enacted in recent years. However, tax-exempt sponsors of 457(b) plans must amend their plans by Dec. 31, 2025, for certain provisions of [both SECURE 1.0 and SECURE 2.0]."  MORE >>

"457(b) plans ... were neglected and excluded from the IRS Notice that extended the amendment deadline for other plans and governmental sponsors of 457(b) plans from the end of 2025 to the end of 2026.... Tax Exempt 457(b) Plans must be amended by the end of this year for the new RMD ages and it doesn't appear there will be any further extensions."  MORE >>

"As plan sponsors grapple with the complexities of new investment options, they also face a very different and rapidly escalating threat -- AI-driven phishing attacks on retirement accounts.... The SECURE 2.0 provisions are nuanced, introducing new requirements for plan sponsors each year since 2023, and 2026 will be no different.... Litigation pressures are also expected to intensify, particularly around forfeitures and plan fees."  MORE >>

"Plan sponsors should review their plan documents to: [1] implement a 'deemed Roth election' that automatically treats high-earner catch-ups as Roth, [1] specify whether wages from multiple employers in a controlled group or from a common paymaster will be aggregated when determining high-earner status, [3] describe any super catch-up opportunity for individuals aged 60 to 63 and [4] describe any in-plan rollover feature that it may consider as a method of correction."  MORE >>

"If you have made any of the following changes in operation to your plan, an amendment is necessary by year end: [1] RMD age ... [2] Roth distributions ... [3] Small benefit amount ... [4] Unforeseeable emergencies."  MORE >>

"The fourth remedial amendment cycle (RAC) list is for defined contribution plans submitted from February 1, 2024, to August 25, 2025, and covers the 2023 Cumulative List.... Once the reviews are complete the list will contain the letter serial numbers and date. The list ... includes: [1] the name of the Pre-approved Plan Provider, [2] the file folder number (FFN) assigned to each plan, [3] the plan type of each document submitted, [4] A letter serial number (LSN) and date. Please note that virtually all opinion letters will be issued at the same time."  MORE >>

"AD No. 25-03 provides that amendments for SECURE 2.0 provisions -- whether optional or mandatory -- do not constitute Qualification Amendments. This clarification is important because under long-standing PR Treasury guidance, a Qualification Amendment must be submitted to the PR Treasury for a new determination letter (even if the plan already has a recent determination letter)."  MORE >>