Following the IRS's publication of an Employee Plans Newsletter addressing amendment deadlines under SECURE and SECURE 2.0, some governmental plan sponsors questioned whether this altered the amendment deadline provided for governmental plans under IRS Notice 2024-2. In short, no.

Qualified Governmental Plans and Governmental 403(b) Plans

The amendment deadline for SECURE and SECURE 2.0 changes generally is the later of:

• December 31, 2029, or
• For required compliance amendments, the last day of the second calendar year following the year in which the applicable change appears on a Required Amendments List ("RA List").

What This Means for Your Plan

As a result, certain SECURE and SECURE 2.0 amendments may not be due until after December 31, 2029. The IRS generally does not place a qualification requirement on an RA List until sufficient guidance has been issued and that guidance has become applicable.

Accordingly, qualified governmental plans and 403(b) governmental plans may continue to rely on the deadline for discretionary SECURE and SECURE 2.0 amendments as .December 31, 2029. Required amendments must be made by the later of December 31, 2029, or the end of the second calendar year following the year in which the applicable amendment appears on an RA List.

Governmental 457(b) Plans

The amendment deadline for SECURE and SECURE 2.0 changes generally is the later of:

• December 31, 2029, or
• The first day of the first plan year beginning more than 180 days after the date of notification by the Secretary that the plan was administered in a manner that is inconsistent with the requirements of Section 457.

While governmental 457(b) Plans have this additional extended period, we recommend that plan sponsors still make SECURE and SECURE 2.0 plan amendments by the December 31, 2029, deadline. Plan sponsors should coordinate with their recordkeepers and benefits counsel as needed to confirm that the plan amendment accurately reflects plan operation.

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.