Most 401(k) plan sponsors must adopt required and discretionary amendments reflecting major retirement plan legislation, including the CARES Act, SECURE Act, and SECURE 2.0 Act, by December 31, 2026. For many employers, plans have already been operating under these changes, but written plan documents now need to catch up.
Barclay Damon’s Employee Benefits Practice Area attorneys presented a practical webinar for plan sponsors, HR and benefits professionals, in-house counsel, fiduciary committee members, and business leaders focused on understanding what should be reviewed before year-end.
The program explained the difference between required and discretionary amendments, identified common compliance considerations, and outlined steps employers can take to avoid a last-minute scramble.
Attendees gained an actionable checklist to help evaluate applicable amendments, coordinate with recordkeepers and third-party administrators, and document next steps before the adoption deadline.
Key Takeaways
- Which 401(k) plan amendments may be required before December 31, 2026
- How required amendments differ from discretionary amendments
- What plan sponsors should review with providers, recordkeepers, TPAs, and counsel
- Potential compliance risks of missing the deadline
- Practical steps to begin preparing now
This webinar was presented by Art Marrapese, Michael McGovern, and Shawn Chowdhury. If you would like a recording of this webinar, click here.
If you have any questions regarding this webinar, please contact Art Marrapese, Employee Benefits Practice Area chair, at amarrapese@barclaydamon.com; Michael McGovern, partner, at mmcgovern@barclaydamon.com; or Shawn Chowdhury, associate, at schowdhury@barclaydamon.com.