n-22-45.pdf

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Notice 2022-45

I. PURPOSE
This notice extends the deadline for amending an eligible retirement plan
(including an individual retirement arrangement (IRA) or annuity contract) to reflect the
provisions of section 2202 of the Coronavirus Aid, Relief, and Economic Security Act,
Pub. L. 116-136, 134 Stat. 281 (2020) (CARES Act), and section 302 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, Pub. L. 116-260, 134 Stat. 1182.
Among other things, section 2202 of the CARES Act and section 302 of the Relief Act
provide special tax treatment with respect to a coronavirus-related distribution or a
qualified disaster distribution, respectively.
Under this notice, the extended amendment deadline applicable to (1) a qualified
retirement plan or section 403(b) plan that is not a governmental plan or (2) an IRA is
December 31, 2025. Later deadlines apply with respect to governmental retirement
plans (including governmental plans under section 457(b) of the Internal Revenue Code
(Code)). With respect to an amendment made to reflect provisions of section 2202 of
the CARES Act, the period during which the amendment is eligible, if applicable, for
relief from the anti-cutback requirements of section 411(d)(6) of the Code or
section 204(g) of the Employee Retirement Income Security Act of 1974, Pub. L.
93-406, 88 Stat. 829, as amended (ERISA), is extended to the applicable extended plan
amendment deadline.
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II. BACKGROUND
A.
Section 2202 of the CARES Act
Under section 2202 of the CARES Act, enacted on March 27, 2020, and modified
by section 280 of the COVID-related Tax Relief Act of 2020,
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qualified individuals
receive favorable tax treatment with respect to coronavirus-related distributions from

1
Notice 2022-33, 2022-34 IRB 147, extends the deadlines for amending a retirement plan or IRA to
reflect certain provisions of Division O of the Further Consolidated Appropriations Act, 2020, Pub. L.
116-94, 133 Stat. 2534 (2019), known as the Setting Every Community Up for Retirement Enhancement
Act of 2019 (SECURE Act), and section 104 of Division M of the Further Consolidated Appropriations Act,
2020, known as the Bipartisan American Miners Act of 2019 (Miners Act), and extends to the extended
plan amendment deadline the period during which an amendment to reflect provisions of the SECURE
Act is eligible, if applicable, for relief from the anti-cutback requirements of section 411(d)(6) of the Code
or section 204(g) of ERISA. Notice 2022-33 also extends the deadline for amending a retirement plan to
reflect the provisions of section 2203 of the CARES Act. The deadlines set forth in this notice are the
same as the deadlines set forth in Notice 2022-33. Accordingly, it is anticipated that amendments to
reflect the CARES Act and Relief Act as described in this notice, as well as the SECURE Act, Miners Act,
and CARES Act amendments described in Notice 2022-33, may be adopted on a single date.
2
The COVID-related Tax Relief Act of 2020 was enacted as Subtitle B, Title II, Division N, of the
Consolidated Appropriations Act, 2021. References in this notice to section 2202 of the CARES Act are to
section 2202 as modified.

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eligible retirement plans (as defined in section 402(c)(8)(B) of the Code). A coronavirus-
related distribution is any distribution from an eligible retirement plan made on or after
January 1, 2020, and before December 31, 2020, to a qualified individual. A
coronavirus-related distribution is not subject to the additional tax under section 72(t),
generally is includible in income over a 3-year period, and, to the extent the distribution
is eligible for tax-free rollover treatment and is recontributed to an eligible retirement
plan within a 3-year period, is not includible in income. Section 2202 of the CARES Act
also increases the allowable plan loan amount under section 72(p) of the Code and
permits a suspension of payments for plan loans made to qualified individuals that are
outstanding on or after March 27, 2020. See Notice 2020-50, 2020-28 IRB 35, for a
detailed description of this relief, including a discussion of related plan amendment
deadlines.
Under section 2202(c) of the CARES Act, an eligible retirement plan will not be
treated as failing to operate in accordance with its terms merely because the plan
implements the provisions of section 2202, or any regulations thereunder, if the plan is
amended within a prescribed time period and the amendment applies retroactively to
the beginning of the period. The period begins on the date that section 2202 (or any
regulation thereunder) takes effect, and ends on or before the earlier of (1) the date the
amendment is adopted, or (2) the last day of the first plan year beginning on or after
January 1, 2022 (or January 1, 2024, in the case of a governmental plan within the
meaning of section 414(d) of the Code), or a later date prescribed by the Secretary of
the Treasury or the Secretary’s delegate (Secretary). A plan satisfying these conditions
will not fail to meet the requirements of section 411(d)(6) of the Code and section 204(g)
of ERISA by reason of that amendment, except as provided by the Secretary.

B. Section 302 of the Relief Act
Section 302 of the Relief Act, enacted on December 27, 2020, provides favorable
tax treatment to qualified individuals with respect to qualified disaster distributions from
eligible retirement plans (as defined in section 402(c)(8)(B) of the Code). In general,
section 302 of the Relief Act provides qualified individuals favorable tax treatment that is
similar to that provided by section 2202 of the CARES Act; however, the relief provided
by section 302 of the Relief Act differs from the relief provided by section 2202 of the
CARES Act in certain respects. For example, (1) section 302 of the Relief Act provides
favorable tax treatment with respect to qualified disaster distributions, which are defined
generally as distributions from an eligible retirement plan that are made on or after the
date a disaster begins (no earlier than December 28, 2019) and before June 25, 2021,
to a qualified individual; (2) the relief granted by section 302 permits a qualified
individual, under certain circumstances, to recontribute a qualified distribution that was
made to purchase or construct a principal residence in a qualified disaster area but was
not so used on account of the qualified disaster; and (3) section 302 does not provide
relief with respect to amendments to a plan from the anti-cutback requirements of
section 411(d)(6) of the Code and section 204(g) of ERISA. See Form 8915-F, Qualified
Disaster Retirement Plan Distributions and Repayments, and related instructions, for a
detailed description of relief provided with respect to qualified disaster distributions and
repayments, including relief provided under section 302 of the Relief Act.

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Under section 302(d) of the Relief Act, an eligible retirement plan will not be
treated as failing to operate in accordance with its terms merely because the plan
implements the provisions of section 302, or any regulations thereunder, if the plan is
amended within a prescribed time period and the amendment applies retroactively to
the beginning of the period. The period begins on the date that section 302 (or any
regulation thereunder) takes effect, and ends on or before the earlier of (1) the date the
amendment is adopted, or (2) the last day of the first plan year beginning on or after
January 1, 2022 (or January 1, 2024, in the case of a governmental plan within the
meaning of section 414(d) of the Code), or a later date prescribed by the Secretary.
III. EXTENSION OF PLAN AMENDMENT DEADLINES; ANTI-CUTBACK RELIEF
A.
Extension of plan amendment deadlines
Pursuant to the authority of the Secretary under section 2202(c) of the CARES
Act and section 302 of the Relief Act, the deadlines for amending an eligible retirement
plan (including an IRA or annuity contract) to reflect the provisions of section 2202 of
the CARES Act or section 302 of the Relief Act, or any regulations thereunder, are
hereby extended as follows:
(1) Qualified plans
In general, for a qualified plan that is not a governmental plan within the meaning
of section 414(d) of the Code, the deadline to amend a plan is December 31, 2025. The
plan amendment deadline for a qualified governmental plan, within the meaning of
section 414(d), is 90 days after the close of the third regular legislative session of the
legislative body with the authority to amend the plan that begins after December 31,
2023.
(2) Section 403(b) plans
In general, for a section 403(b) plan that is not maintained by a public school, as
described in section 403(b)(1)(A)(ii), the deadline to amend a plan is
December 31, 2025. The plan amendment deadline for a section 403(b) plan that is
maintained by a public school, as described in section 403(b)(1)(A)(ii), is 90 days after
the close of the third regular legislative session of the legislative body with the authority
to amend the plan that begins after December 31, 2023.
(3) Section 457(b) plans
The deadline to amend a governmental plan under section 457(b) of the Code is
the later of (1) 90 days after the close of the third regular legislative session of the
legislative body with the authority to amend the plan that begins after December 31,
2023, or (2) if applicable, the first day of the first plan year beginning more than 180
days after the date of notification by the Secretary that the plan was administered in a
manner that is inconsistent with the requirements of section 457(b) of the Code.

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(4) IRAs
The deadline to amend the trust governing an IRA that is an individual retirement
account or the contract issued by an insurance company with respect to an IRA that is
an individual retirement annuity is December 31, 2025.
B.
Anti-cutback relief
Amendments to an eligible retirement plan (including an annuity contract) to
reflect a provision of section 2202 of the CARES Act or any regulations thereunder that
are made on or before the dates as extended under section III.A of this notice will not
cause the plan to fail to satisfy the anti-cutback requirements of section 411(d)(6) of the
Code or section 204(g) of ERISA, if applicable, by reason of the amendments.
IV. DRAFTING INFORMATION
The principal author of this notice is Angelique Carrington of the Office of
Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment
Taxes). For further information regarding this notice, contact Ms. Carrington at
(202) 317-4148 (not a toll-free number).