Employee Benefits
Amendments are Coming: Important Upcoming Deadlines for Defined Contribution Plans
Sep 01, 2026
If retirement plan amendments are not at the top of your summer reading list, you may need to reconsider. Important deadlines are coming down the road for defined contribution plans, including 401(k) plans and 403(b) plans:
- CARES/SECURE/SECURE 2.0 Act Amendments. As we previously reported, the amendment deadline for most retirement plans (including defined contribution plans) to comply with the CARES Act, SECURE Act, and SECURE 2.0 Act is generally December 31, 2026. Although we are still months away from this deadline, many plan document providers are preparing these amendments now. For more information about these changes, see our 2025 End-of-Year Plan Sponsor “To Do” List (Part 3) Qualified Retirement Plans.
- Upcoming Restatements. Plan sponsors can also expect to hear from their pre-approved plan document providers, if applicable, regarding the following upcoming restatement deadlines:
- For defined contribution plans generally (including 401(k) plans): In Announcement 2026-15, the IRS recently announced that the deadline for employers to adopt the “Cycle 4” pre-approved defined contribution plan document (including 401(k) plans) is September 30, 2028. This means that employers sponsoring a defined contribution plan with a pre-approved “Cycle 3” plan document must restate their plan using their document provider’s new “Cycle 4” plan document no later than September 30, 2028. The new “Cycle 4” documents are designed to comply with the IRS’s 2023 Cumulative List of legal changes.
- For 403(b) plans: In Announcement 2024-38, the IRS previously announced that the deadline for employers to adopt the “Cycle 2” pre-approved 403(b) plan documents is December 31, 2026. This means that employers sponsoring a 403(b) plan with a pre-approved “Cycle 1” plan document must restate their plan using their document provider’s new “Cycle 1” plan document no later than December 31, 2026.
As plan sponsors gear up for these deadlines, they should be prepared to:
- Understand costs. To the extent applicable, these amendments are required by law. Consider what it may cost for the document preparer to draft the amendment and to have the amendment reviewed by the appropriate individuals (see discussion in #3 below), then budget accordingly.
- Confirm deadline. In addition to meeting the applicable legal deadlines, plan sponsors may need to meet earlier deadlines for administrative reasons. For example, many document providers ask for plan sponsors to return their signed amendments earlier than the legal deadline. Additionally, the plan sponsor may have its own internal deadline to finalize the amendment ahead of getting necessary internal approval for the amendment (e.g., perhaps the amendment must be finalized earlier to get approval from the Board of Directors, if needed).
- Identify reviewers. Identify who is best poised to review the amendments to confirm the amendments accurately reflect the plan’s administrative practices and the legal requirements. This might include an internal employee who is familiar with the administrative procedures, plus an internal or external legal review.
- Confirm approval process. Understand what internal approval is necessary to adopt and sign the amendments, and the process for obtaining that approval. For example, does the plan sponsor’s Board of Directors need to approve the amendment?
- Update participant communications. After the plan amendments or restatements have been adopted, plan administrators should update their Summary Plan Descriptions (SPDs) or distribute Summaries of Material Modifications (SMMs) to participants and beneficiaries, as required by ERISA. Plan administrators should coordinate with their document providers and legal counsel to confirm the timing and content of these communications, including whether the updated documents may be distributed electronically.
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