Guide to the SECURE 2.0 Act of 2022

Retirement planning and savings is top of mind for employers, and their employees as they invest for their future. The SECURE 2.0 Act attempts to address deficiencies in retirement plan participation and savings among workers. This page offers resources to help you better understand the changes enacted, what they mean for you and your employees and how to plan to address applicable requirementsWe will keep it updated as new guidance is released.

SECURE 2.0 Act required and optional provisions

The following is information about SECURE 2.0 Act provisions and their effective dates.

Required

 

Provision

 

 

Effective date

 

 

Reduction of penalties for failure to take distributions

 

 

All taxable years beginning after December 29, 2022

 

 

Qualified longevity annuity contracts (QLAC) in IRAs and plans

 

 

Contracts purchased after December 29, 2022

 

 

Required RMD barriers removed for life annuities

NOTE: Required for IRAs and plans that hold life annuities

 

 

Calendar years after December 29, 2022

 

 

Clarification on penalty tax exemption for the substantially equal periodic payment rules

 

 

For transfers, rollovers and exchanges after December 31, 2023, and effective for annuity distributions on or after December 29, 2022

 

 

Clarification of penalty tax exemption for terminally ill individuals

 

 

For distributions after December 29, 2022

 

 

Payout period to special needs trust RMDs

 

 

Effective for calendar years beginning after December 29, 2022

 

 

Cash balance plan projections

 

 

Plan years beginning after December 29, 2022

 

 

Creation of retirement savings lost and found database

 

 

Within two years of the enactment date of December 29, 2022

 

 

Eliminated penalty on partial annuitization

 

 

December 29, 2022

 

 

Increase in age for required minimum distributions (RMDs)

 

 

January 1, 2023

 

 

Spousal beneficiaries may treat inherited accounts as their own

 

 

Distributions made after December 31, 2023

 

 

Catch-up contributions after age 50 must be after-tax Roth contributions

NOTE: Required for plans that permit catch-up contributions

 

 

Tax years beginning after December 31, 2023

 

 

Roth plan RMD rules

 

 

Taxable years beginning after December 31, 2023

NOTE: The change in rule does not apply to distributions required for years prior to 2024 that are permitted to be taken after January 1, 2024

 

 

Family attribution rules revised

 

 

For plan years beginning after 2023

 

 

Long-term, part-time employee elective deferrals after two consecutive years

 

 

For plan years after December 31, 2024

 

 

Paper benefit statement requirement

 

 

Plan years beginning after December 31, 2025

 

 

Deferral of tax for sales of S-corp stock to ESOP

 

 

For sales occurring after December 31, 2027

 

Optional

 

Provision

 

 

Effective date

 

 

Automatic relief for federally declared disasters

 

 

For disasters occurring on or after January 26, 2021

 

 

Repayment of qualified birth or adoption distributions (QBADs)

 

 

For any QBAD distributions made after December 29, 2022, and retroactively to prior distributions for a three-year period beginning on the day after the distribution was received

 

 

Self-correction of inadvertent plan and IRA violations

 

 

December 29, 2022

 

 

Recovery of retirement plan overpayment

 

 

December 29, 2022

 

 

Employer matching contributions made as Roth contributions

 

 

December 29, 2022

 

 

Employer may rely on employee self-certification for hardship withdrawals

 

 

Plan years beginning after December 29, 2022

 

 

Small immediate financial incentives for contributions

 

 

Years beginning after December 29, 2022

 

 

Disregarding excludable employees for certain top-heavy purposes

 

 

Plan years beginning after December 31, 2022

 

 

Reduced notice requirements for unenrolled participants

 

 

Plan years beginning after 2022

 

 

Withdrawals for individual cases of domestic abuse

 

 

Distributions after December 31, 2023

 

 

Withdrawals for emergency expenses

 

 

Distributions made after December 31, 2023

 

 

Increase in cash-out limit for mandatory distributions

 

 

For distributions made after December 31, 2023

 

 

Amendments to increase benefit accruals under plan for previous year permitted until employer tax filing deadline

 

 

Plan years beginning after December 31, 2023

 

 

Matching contributions for student loan payments

 

 

Years beginning after December 31, 2023

 

 

Emergency savings accounts linked to plans

 

 

Plan years beginning after December 31, 2023

 

 

Higher catch-up contribution limit for certain workers

 

 

Contributions will be permitted for tax years beginning after December 31, 2024

 

 

Long-term care contracts and retirement plan distributions

 

 

December 29, 2025

 

 

Saver’s credit now saver’s match

 

 

All tax years after December 31, 2026

 

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