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required by a provision of the SECURE 2.0 Act or the regulations thereunder, the
effective date specified by the plan); and
(3)
the plan or contract is operated as if the amendment were in effect during
the period beginning on the effective date of the SECURE 2.0 Act provision or the
regulations thereunder (or, in the case of an amendment not required by a provision
of the SECURE 2.0 Act or the regulations thereunder, the effective date specified by
the plan or contract) and ending on the section 501 date or, if earlier, the date the
amendment is adopted.
Section 501(c) of the SECURE 2.0 Act modifies section 601(b)(1) of Division O
of the Further Consolidated Appropriations Act, 2020, Pub. L. 116-94, 133 Stat. 2534,
known as the Setting Every Community Up for Retirement Enhancement Act of 2019
(SECURE Act), sections 2202(c)(2)(A) and 2203(c)(2)(B)(i) of the Coronavirus Aid,
Relief, and Economic Security Act (CARES Act),
13
and section 302(d)(2)(A) of Title III
of the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (Relief Act), enacted as
Division EE of the Consolidated Appropriations Act, 2021, to extend plan amendment
deadlines with respect to these sections to coordinate with the plan amendment
deadlines under section 501 of the SECURE 2.0 Act, as applicable.
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13
Section 2202 of the CARES Act is modified by section 280 of the COVID-related Tax Relief Act of
2020, which was enacted as Subtitle B, Title II, Division N, of the Consolidated Appropriations Act, 2021,
Pub. L. 116-260, 134 Stat. 1182 (2020). References in section II.J of this notice to section 2202 of the
CARES Act are to section 2202 of the CARES Act as modified. Notice 2020-51, 2020-29 IRB 73, which
sets forth guidance relating to a waiver of 2020 required minimum distributions under section 2203 of the
CARES Act, provides that an IRA does not have to be amended to reflect the waiver and provides a
sample amendment for defined contribution plans that plan sponsors may adopt to implement section
401(a)(9)(I) of the Code. The notice provides that, although employers may adopt amendments pursuant
to section 2203 of the CARES Act other than those provided in the sample amendment, the Treasury
Department and the IRS are exercising their authority under section 2203(c) of the CARES Act to deny
Code section 411(d)(6) relief for a plan amendment that eliminates an optional form of benefit.
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Section G of Notice 2020-68, 2020-38 IRB 567, extended the deadline to amend a plan to reflect
section 104 of Division M of the Further Consolidated Appropriations Act, 2020, known as the Bipartisan