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Temporary Relief from the Physical Presence Requirement for Spousal Consents Under Qualified Retirement Plans

June 3, 2020 IRS Newsroom Coronavirus

Notice 2020-42 provides participants, beneficiaries, and administrators of qualified retirement plans and other tax-favored retirement arrangements with temporary relief from the physical presence requirement in § 1.401(a)-21(d)(6) for any participant election (1) witnessed by a notary public in a state that permits remote notarization, or (2) witnessed by a plan representative using certain safeguards. The guidance accommodates local shutdowns and social distancing practices and is intended to facilitate the payment of coronavirus-related distributions and plan loans to qualified individuals, as permitted by CARES Act.

Notice 2020-42 will be in IRB: 2020-26, dated June 22, 2020.

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