The Internal Revenue Service (IRS) recently clarified an important question for retirement plan sponsors: Does the December 31, 2026, amendment deadline apply to every SECURE and SECURE 2.0 change? The short answer is no. The applicable deadline depends on whether the amendment is required or discretionary, and whether later IRS guidance concerning the provision appears on a Required Amendments List (RA List).

What this means is that, although discretionary SECURE and SECURE 2.0 amendments are subject to the special deadlines in Notice 2024-2 (which is December 31, 2026, for most non-governmental plans), some required SECURE and SECURE 2.0 amendments will not be due until after 2026. Governmental plans will also need to consider this guidance as it applies to their later deadline under Notice 2024-2 (generally, December 31, 2029). All plans must continue to operate in accordance with applicable law and their intended design before the written amendment is adopted.

At a Glance: Required amendments generally follow the RA List cycle, requiring adoption by the last day of the second calendar year after the change appears on an RA List. Discretionary SECURE and SECURE 2.0 amendments generally follow a special deadline under Notice 2024-2. Other discretionary amendments remain subject to the ordinary deadline, generally the last day of the plan year in which the change is put into effect.

Governmental and Collectively Bargained Plans: Required amendments must be adopted by the later of the last day of the second calendar year after the change appears on an RA List or December 31, 2029 (for governmental plans) or December 31, 2028 (for collectively bargained plans).

When Are Required Secure 2.0 Amendments Due?

Required amendments reflect changes in qualification requirements that a plan must adopt. Under Revenue Procedure 2022-40, a required amendment generally must be adopted by the end of the second calendar year following the year in which the applicable change appears on an RA List. The deadline may be later for a governmental plan.

The IRS generally will not place a change on an RA List until the agency has issued guidance that allows the change to be reflected in plan language and the guidance is applicable. As a result, a statutory provision may already be operationally effective even though the deadline to amend the written plan has not yet been established.

Examples of required amendments expected on future RA Lists include:

• Roth catch-up contributions for higher earners under Section 603 of SECURE 2.0. The IRS expects this change to appear on the 2027 RA List, when the final regulations generally become applicable. If included on that list, the amendment deadline generally will be December 31, 2029.
• Automatic enrollment requirements under Section 101 of SECURE 2.0.
• Long-term, part-time employee requirements under Section 125 of SECURE and Section 112 of SECURE 2.0 (applicable to 401(k) plans and ERISA 403(b) Plans).
• Required minimum distribution provisions under SECURE and SECURE 2.0 that have not already appeared on an RA List.

For automatic enrollment, long-term, part-time employees, and remaining required minimum distribution provisions, Treasury and the IRS expect to issue final regulations and then include the applicable changes on a future RA List after the regulations generally become applicable. The amendment deadline generally will be the end of the second calendar year after the year of the applicable RA List. Final regulations for these provisions are not expected to apply earlier than the plan year beginning at least six months after the regulations are issued.

Practical point. If a change in qualification requirements does not appear on the RA List for the year it first applies, plan sponsors generally may assume that it will appear on a future RA List. That does not delay the operational effective date of the underlying requirement.

When Are Discretionary SECURE and SECURE 2.0 Amendments Due?

Ordinarily, a discretionary amendment must be adopted by the last day of the plan year in which the provision is operationally put into effect. Notice 2024-2 extends that deadline for discretionary amendments implementing SECURE and SECURE 2.0 provisions.

Example. If a calendar-year plan began allowing participants to designate fully vested matching and nonelective employer contributions as Roth contributions in 2023, the implementing amendment generally may be adopted by December 31, 2026, rather than by December 31, 2023. A later special deadline may apply to an applicable collectively bargained or governmental plan.

Later IRS Guidance Can Create a Second Amendment Deadline

A statutory provision permitting a discretionary feature will not itself appear on an RA List. However, subsequent IRS guidance concerning that feature may appear in Part C of an RA List. If a plan has adopted the discretionary feature, an amendment implementing that later guidance generally must be adopted by the end of the second calendar year after the guidance appears on the RA List.

Does Notice 2024-2 Extend Deadlines for All Plan Changes?

The Notice 2024-2 extension is not an extension for every plan design change. A discretionary amendment that is unrelated to SECURE or SECURE 2.0 remains due by the last day of the plan year in which the change is operationally implemented, unless another specific extension applies.

Next Steps for Plan Sponsors

• Inventory the required SECURE and SECURE 2.0 provisions that have been implemented operationally and identify the provisions that must now be reflected in the plan document.
• Identify any discretionary SECURE and SECURE 2.0 provisions that have been implemented and confirm the applicable amendment deadline.
• Review subsequent IRS guidance affecting provisions already implemented and determine whether any additional amendment may be required, including amendments subject to a later RA List deadline.
• Plan sponsors should coordinate with their recordkeepers and benefits counsel as needed to confirm that the plan amendment accurately reflects plan operation. 
• Monitor annual RA lists. The Treasury Department and the IRS expect the 2026 RA List to include additional language clarifying these amendment deadlines. Plan sponsors should continue to monitor the annual RA Lists and other implementing guidance.

Contact Ice Miller

For more information about the amendment deadlines applicable to your retirement plan, please contact a member of Ice Miller’s Employee Benefits team or the Ice Miller attorney with whom you regularly work.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.