SECURE Act Update: IRS Issues Guidance with Respect to Safe Harbor Plans

Patterson Belknap Webb & Tyler LLP
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On December 9, 2020, the Internal Revenue Service (“IRS”) issued Notice 2020-86 which provides guidance relating to certain changes to the safe harbor rules that apply to 401(k) plans made by the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”). The IRS Notice interprets the SECURE Act’s provisions to apply to some, but not all, aspects of the rules regarding safe harbor plans, limiting the applicability of the recent liberalizations to the safe harbor rules.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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