IRS Extends Relief for Certain Required Minimum Distributions

On April 16, 2024, the IRS issued Notice 2024-35, which extends the relief that the IRS has twice previously granted plan sponsors with respect to certain “specified” (see below) required minimum distributions (RMDs) taken from qualified retirement plans, including 401(k) plans.

• The IRS first granted the relief in 2022 by way of Notice 2022-53, which exempted certain “specified” RMDs that would otherwise have been due in years 2021 and 2022 under the SECURE Act. (See our blog for background information about RMDs and the SECURE Act changes, along with details about the scope of the relief granted.)
• The relief granted by Notice 2022-53 was extended in 2023 by IRS Notice 2023-54 which applied to “specified” RMDs that otherwise would have been due in 2023.
• Now, Notice 2024-35 continues the trend by applying the prior relief to “specified” RMDs that otherwise would be due in 2024. To be clear, this assumes that such RMDs have similar characteristics and meet the same conditions as those covered in the prior two Notices, as well as in Notice 2024-35.

What is a “Specified” RMD?

The Notice defines a “specified” RMD as any distribution that, under the proposed regulations issued in February 2022 (see our blog ), would be required to be made in 2024 to:

• A designated beneficiary of an employee if the employee died in 2020, 2021, 2022 or 2023 on or after his or her required beginning date, and the beneficiary is not using the lifetime or life expectancy payments exception; or

• The beneficiary of an eligible designated beneficiary who died in 2020, 2021, 2022 0r 2023 and was using the lifetime or life expectancy payments exception. An eligible designated beneficiary is a designated beneficiary who, as of the date of the employee’s death, is:
  • the surviving spouse of the employee;
  • a child of the employee who has not yet reached the age of majority;
  • disabled;
  • chronically ill; or
  • not more than 10 years younger than the employee.

What is the Scope of the Relief Granted?

Generally stated, Notice 2024-35 provides that “specified” RMDs, if not paid in 2024:

• Will not be deemed to be in violation of the RMD rules for purposes of the Internal Revenue Code’s plan qualification requirements; and

• Will not be deemed to be violative for purposes of the 25 percent excise tax on amounts not properly distributed as RMDs.

Final Regulations:

Finally, Notice 2024-35 also states that final regulations covering RMDs are anticipated to apply for calendar years beginning on or after January 1, 2025 (pushed back from “at least 2023. In the meantime, plans may continue to rely on a good faith interpretation of the proposed regulations that were issued in 2022.

NOTE:

This article is intended as a general overview of Notice 2024-35 as it affects most 401(k) plans and is not meant to offer a comprehensive analysis of the Notice or its effect on other types of qualified retirement plans and/or individual retirement accounts (IRAs). It is meant to be read in conjunction with our previous blog entitled “401(k) Current Events: IRS Issues Limited Relief for Certain Required Minimum Distributions That Were Due in 2021, 2022.” As always, be sure to consult with your own ERISA attorney or other professional advisor for individualized advice with respect to your plan’s unique situation.

The information and content contained in this blog post are for general informational purposes only, and does not, and is not intended to, constitute legal advice. As always, for specific questions concerning your 401(k) retirement plan, please consult your own ERISA attorney or professional advisor.