May 18, 2022

IRS Notice 2022-27 extends for six additional months — until Dec. 31 — the temporary relief allowing audiovisual conferencing for witnessing spousal consents and other retirement plan elections that ordinarily must take place with a notary public or a plan representative physically present. This marks the third extension of the relief first granted in June 2020, but IRS anticipates that further extensions will be unnecessary, given the recent easing of pandemic-related public health restrictions.

After requesting comments on making the relief permanent, IRS is reviewing those comments to determine whether to retain or modify the physical presence requirement. Any permanent change to the requirement will go through the regulatory process, with an additional notice and comment period.

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Margaret Berger
by Margaret Berger

Partner, Mercer’s Law & Policy Group

Brian J. Kearney
by Brian J. Kearney

Principal, Mercer’s Law & Policy Group

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