IRS Extends Certain Retirement Plan Amendment Deadlines to December 31, 2025

The Internal Revenue Service (IRS) has issued Notice 2022-33 which extends deadlines for adopting retirement plan amendments reflecting certain provisions of the SECURE Act, the Miners Act and the CARES Act.

The extensions for non-governmental plans are as follows:

• For a qualified plan that is not a governmental plan, the deadline to amend a plan for provisions of the SECURE Act, the regulations thereunder, or Section 104 of the Miners Act is December 31, 2025.
• For a 403(b) plan that is not maintained by a public school, the deadline to amend a plan for provisions of the SECURE Act or the regulations thereunder is December 31, 2025.
• For a retirement plan that is not a governmental plan, the deadline to amend a plan for provisions of Section 2203 of the CARES Act is December 31, 2025.

Later deadlines apply with respect to governmental retirement plans. 

Anticutback relief: Amendments to a retirement plan to reflect a provision of the SECURE Act or the regulations thereunder that are made on or before the dates as extended will not cause the retirement plan to fail to satisfy the anticutback requirements of the Internal Revenue Code or ERISA by reason of such amendments.