The IRS has issued guidance clarifying whether plan amendments that implement provisions of the SECURE Act and the SECURE 2.0 Act must be adopted by the deadlines set forth in Notice 2024-2 (generally, December 31, 2026) or by the deadlines set forth in an applicable Required Amendments List (RA List). The answer depends on whether the amendment is required or discretionary, as follows:

• Required Amendments. In general, the deadline for required amendments is the end of the remedial amendment period, which is the last day of the second calendar year following the calendar year in which the amendment is adopted or effective (whichever is later) or, for a disqualifying provision arising from a change in qualification requirements, the last day of the second calendar year that begins after the issuance of the RA List on which the change appears. The guidance explains that provisions that cannot reasonably be reflected in plan language without additional guidance will not be included on an RA List until final regulations are issued and applicable, and specifies that it is reasonable to assume that a change not listed on the RA List for the year the change first applies will appear on a future RA List. For example, the SECURE 2.0 Act Roth catch-up requirements are expected to appear on the 2027 RA List, making the amendment deadline generally December 31, 2029. Other SECURE Act and SECURE 2.0 Act provisions expected to appear on future RA Lists, following issuance of final regulations, are automatic enrollment requirements, long-term part-time employee requirements, and required minimum distribution requirements that have not already appeared on an RA List.

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