IRS updates model 402(f) rollover notices for SECURE 2.0
Updates for SECURE 2.0
The model 402(f) notices have been updated for the following SECURE 2.0 changes:
- New exceptions to the 10% penalty tax on withdrawals before age 59-1/2 (e.g., for emergency personal expenses, for qualified disaster recovery distributions, to victims of domestic abuse, and to individuals with a terminal illness)
- The increase in the age for determining required beginning dates for required minimum distributions (RMDs)
- Changes to the RMD rules for surviving spouses
- The elimination of RMDs from Roth accounts in employer-sponsored plans
- The increase to $7,000 (from $5,000) in the dollar threshold for involuntary small cashouts
- The special treatment of payments from pension-linked emergency savings accounts under the Roth account distribution rules
- Changes to the rules for distributions from governmental plans to retired or disabled public safety workers to pay for health and long-term care insurance
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Models don’t reflect SECURE 2.0 changes not yet in effectThe updated model notices don’t reflect SECURE 2.0 changes that haven’t taken effect yet, including the law’s new Saver’s Match contribution and the provision excluding from income certain disability-related payments to first responders (both provisions take effect after 2026). IRS anticipates updating the models again once these provisions take effect.
GAO recommendations
The updated model notices include changes that GAO recommended to Treasury in January 2024 and in a report to Congress later that year analyzing the effectiveness of 402(f) notices. The report recommended the notice include clearer and more concise language to help participants understand their distribution options.
GAO’s report also addressed the timing requirements for providing 402(f) notices. A plan administrator generally must provide the notice within a reasonable period of time before an eligible rollover distribution. Under current rules, this requirement is satisfied if the notice is provided 30-180 days before the date of the distribution, but administrators can provide the notice sooner. GAO recommended that administrators provide the 402(f) notice upon a participant’s termination of employment and then a summary of the notice within the 30-to-180-day timeframe (with the full notice available a second time on request). Although Treasury and IRS currently lack the statutory authority to require this, Notice 2026-13 encourages plan administrators to implement the recommendation.
Using the model notices
Related resources
Non-Mercer resources
- Notice 2026-13 (IRS, Jan. 15, 2026)
- News release (IRS, Jan. 15, 2026)
- 401(k) Retirement plan tax notices: federal actions can help participants understand their distribution options (GAO, May 22, 2024)
- 401(k) Plans: Additional Federal Actions Would Help Participants Track And Consolidate Their Retirement Savings (GAO, Jan. 18, 2024)
Mercer Law & Policy resources
- User’s guide to SECURE 2.0 (regularly updated)
- IRS finalizes SECURE 1.0 RMD rule changes, proposes 2.0 changes (Aug. 16, 2024)
- IRS releases Q&As on two new SECURE 2.0 distributions (June 25, 2024)
- IRS gives guidance on SECURE 2.0’s terminal illness distributions (March 20, 2024)
- DOL, IRS issue guidance on DC plan emergency savings accounts (March 8, 2024)
- SECURE 2.0 offers new alternative for in-plan emergency savings (July 7, 2023)
- Taking a closer look at SECURE 2.0’s penalty-free distribution provisions (March 13, 2023)
- SECURE 2.0 brings more changes to required minimum distribution rules (Feb. 8, 2023)