SECURE 2.0

The SECURE 2.0 Act of 2022

Updated: Feb. 14, 2023

As a top priority of the American Retirement Association, the SECURE 2.0 Act of 2022 was signed into law by President Biden on Dec. 29, 2022.

The legislation, which was included in Division T of the Consolidated Appropriations Act, 2023 (H.R. 2617), builds on the foundation laid by the 2019 Setting Every Community Up for Retirement Enhancement (SECURE) Act to further improve upon the success of the private employer-based retirement system by making it easier for businesses to offer retirement plans and for individuals to save for retirement.

The wide-ranging legislation draws from several bipartisan bills, including the House’s Securing a Strong Retirement Act; and the Senate’s Retirement Improvement and Savings Enhancement to Supplement Healthy Investments for the Nest Egg (RISE & SHINE) Act and Enhancing American Retirement Now (EARN) Act. Additionally, the Retirement Security and Savings Act put forward by the bipartisan duo of now-retired Sen. Rob Portman (R-OH) and Sen. Ben Cardin (D-MD) also had a strong influence on the final legislation.

Plan advisors, administrators and sponsors should take note that Dec. 29, 2022, will now serve as the date of enactment (DOE), where several provisions become effective immediately, while others become effective in 2023 or later years.

This topical resource page includes links to the legislation, related legislative documents, our news coverage and various recommended resources. Be sure to bookmark this page, as we will continue to add to it in the days and weeks to come.

News Coverage 

Browse our most recent news posts and commentary on the SECURE 2.0 Act of 2022 here.

 

Key SECURE 2.0 Act Provisions and Effective Dates

Check out our at-a-glance summary of the SECURE 2.0 Act's provisions and their effective dates. The table is organized in the order the provisions become effective, starting with those already in effect or that have retroactive effective dates.

 

Hot off the Press: Newly Released Analyses

The SECURE 2.0 Act of 2022: Qualified plan corrections, compliance, and changes to EPCRS (Milliman, Feb. 13, 2023)

To Err Is Human; To Correct Is Provided for in SECURE Act 2.0, Passed by Congress (Sidley Austin LLP, Feb. 13, 2023)

SECURE 2.0 from the Defined Benefit Perspective (ASC, Feb. 10, 2023) 

How SECURE 2.0 Helps Employees Save for Non-Retirement Needs (Cohen & Buckmann, P.C., Feb. 9, 2023)

SECURE 2.0 Creates New Opportunity to Use Surplus Pension Assets for Retiree Welfare Benefits (Groom Law Group, Feb. 8, 2023)

SECURE 2.0 brings more changes to required minimum distribution rules (Mercer, Feb. 8, 2023)

The SECURE Act 2.0: The Most Impactful Provisions (#4–Optional Treatment of Employer Contributions as Roth Contributions) (FredReish.com, Jan. 30, 2023)

SECURE 2.0 Brings Significant Changes for 403(b) Plans (Proskauer, Jan. 30, 2023)

SECURE 2.0 Act | Qualified Charitable Distribution Split Interest (Schneider Downs, Jan. 26, 2023)

The SECURE Act 2.0: The Most Impactful Provisions (#3–Extension of RMD Start Ages) (FredReish.com, Jan. 24, 2023)

SECURE 2.0 Adds New Distribution Options for Defined Contribution Plans (Faegre Drinker, Jan. 23, 2023)

Unpacking SECURE 2.0 for DB Plans (Buck, Jan. 20, 2023)

The SECURE Act 2.0: The Most Impactful Provisions (#2–Student Loan Matches) (FredReish.com, Jan. 18, 2023)

401(k) Plan Eligibility for Part-Time Employees, Part 2 of the JL SECURE 2.0 Series (JacksonLewis, Jan. 12, 2023

Correcting Retirement Plan Overpayments: Relief and Restrictions from SECURE 2.0 (Fox Rothschild, Jan. 12, 2023)

Secure 2.0’s Unresolved 403(b) CIT Securities Law Issue (Robert Toth, The Business of Benefits, Jan. 11, 2023)

SECURE Act 2.0: Hold My Beer (Seyfarth, Jan. 11, 2023)

The SECURE Act 2.0: The Most Impactful Provisions (#1–Automatic Plans) (FredReish.com, Jan. 10, 2023)

Sorting Out SECURE 2.0 and What It Means for Retirement Planning (Ben Rizzuto, Janus Henderson, Jan. 10, 2023)

More Roth, More Catch-Up, and Catch-Up As Roth, Part 1 of the JL SECURE 2.0 Series (JacksonLewis, Jan. 9, 2023)

SECURE Act 2.0 Catches up to Roth (Morgan Lewis, Jan. 5, 2023)

Five SECURE 2.0 Changes Impacting Non-Profit Employers (E is for ERISA, Jan. 4, 2023)

SECURE 2.0 Delivers New Rules for Correcting Retirement Plan Errors (Proskauer, Jan. 3, 2023)

BREAKING: SECURE Act 2.0 – What Employers Need to Know (Greenspring Advisors, Jan. 3, 2023)

Next Steps for Making Collective Investment Trusts Available to More Retirement Plans (William D. Jewett, Verrill, Jan. 3, 2023)

Major Wins for Employee Ownership in New Spending Bill (Corey Rosen, National Center for Employee Ownership, Jan. 3, 2023)

SECURE 2.0 Changes Rules for Retirement Plans (Leigh Riley and Isaac Morris, Foley & Lardner LLP, Dec. 30, 2022)

SECURE 2.0 Act of 2022 Modifies Retirement Plan Provisions (Voya, Dec. 30, 2022)

Top 5 Changes in the SECURE 2.0 Act for Plan Sponsors and Participants (Littler, Dec. 30, 2022)

SECURE Act 2.0 Brings a Litany of Retirement Changes (The Wagner Law Group, Dec. 29, 2022)

SECURE Act 2.0: Later RMDs, 529-to-Roth Rollovers, and Other Tax Planning Opportunities (Nerd’s Eye View, Dec. 28, 2022)

SECURE 2.0: A Quick Reference Guide (Pete Swisher and Cherisha Chapman, Group Plan Systems, Dec. 23, 2022)  

Comparison of the SECURE 2.0 Act of 2022 and Present Law (Groom Law Group, Dec. 22, 2022)

Congress Opens the Door for the Retirement Program of the Future (October Three, Dec. 23, 2022)

Expanding Coverage and Increasing Retirement Savings with the SECURE 2.0 Act (Michelle Capezza, Mintz, Dec. 23, 2022)

SECURE 2.0 Act of 2022 Included in 2023 Omnibus Appropriations Package (MissionSquare Retirement, Dec. 22, 2022)

U.S. Congress Passes Sweeping Changes for Employee Benefit Plans in SECURE 2.0 Act (Sidley Austin LLP, Dec. 27, 2022)

SECURE Act 2.0: Congress Delivers Retirement Plan Legislation and Holiday Cheer as Part of Year-End Spending Bill (Morgan Lewis, Dec. 27, 2022)

 

Legislative Documents  

Enrolled Version of Consolidated Appropriations Act, 2023 (for SECURE 2.0, see Division T beginning on page 817 of 1,653; Dec. 28, 2022)

Joint Tax Revenue Estimates of Division T of Consolidated Appropriations Act (Dec. 22, 2022)

Senate Finance Committee Summary of SECURE 2.0 Act (Dec. 20, 2022)

 

ARA Comment Letters

ARA Coalition Letter Urging Congress to Pass SECURE 2.0 (Nov. 17, 2022)

ARA Coalition Letter in Support of EARN Act (June 21, 2022)

ARA Coalition Letter in Support of RISE & SHINE Act (June 13, 2022)

ARA Letter in Support of Securing a Strong Retirement Act (March 28, 2022)