Provisions relating to plan amendments

(a) In general If this section applies to any retirement plan or contract amendment— (1) such retirement plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A); and (2) except as provided by the Secretary of the Treasury (or the Secretary’s delegate), such retirement plan shall not fail to meet the requirements of section 411(d)(6) of the Internal Revenue Code of 1986 and section 204(g) of the Employee Retirement Income Security Act of 1974 by reason of such amendment. (b) Amendments to which section applies (1) In general This section shall apply to any amendment to any retirement plan or annuity contract which is made— (A) pursuant to any amendment made by this Act or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor (or a delegate of either such Secretary) under this Act; and (B) on or before the last day of the first plan year beginning on or after January 1, 2026, or such later date as the Secretary of the Treasury may prescribe. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), or an applicable collectively bargained plan, this paragraph shall be applied by substituting 2028 for 2026. For purposes of the preceding sentence, the term applicable collectively bargained plan means a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act. (2) Conditions This section shall not apply to any amendment unless— (A) during the period— (i) beginning on the date the legislative or regulatory amendment described in paragraph (1)(A) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan); and (ii) ending on the date described in paragraph (1)(B) (as modified by the second sentence of paragraph (1)) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (B) such plan or contract amendment applies retroactively for such period. (c) Coordination with other provisions relating to plan amendments (1) Secure act Section 601(b)(1) of the Setting Every Community Up for Retirement Enhancement Act of 2019 is amended— (A) by striking January 1, 2022 in subparagraph (B) and inserting January 1, 2024, and (B) by striking substituting 2024 for 2022. in the flush matter at the end and inserting substituting 2026 for 2024.. (2) Cares act (A) Special rules for use of retirement funds Section 2202(c)(2)(A) of the CARES Act is amended by striking January 1, 2022 in clause (ii) and inserting January 1, 2026. (B) Temporary waiver of required minimum distributions rules for certain retirement plans and accounts Section 2203(c)(2)(B)(i) of the CARES Act is amended— (i) by striking January 1, 2022 in subclause (II) and inserting January 1, 2026, and (ii) by striking substituting 2024 for 2022. in the flush matter at the end and inserting substituting 2028 for 2024.. (C) Taxpayer certainty and disaster tax relief act of 2020 Section 302(d)(2)(A) of the Taxpayer Certainty and Disaster Tax Relief Act of 2020 is amended by striking January 1, 2022 in clause (ii) and inserting January 1, 2026.