SECURE Act Update: Nondiscrimination Testing Relief Related to Frozen or Closed Defined Benefit Plans and Changes to Permissible In-Service Distribution Ages for Defined Benefit and Money Purchase Plans

November 9, 2020

As part of our series of continuing updates on different aspects of The Setting Every Community Up For Retirement Enhancement Act of 2019 (the “SECURE Act”) and related legislation that may impact (or provide opportunities for) employers that sponsor retirement plans, this alert provides an overview of changes to rules related to nondiscrimination testing where defined benefit plans have been frozen or closed to new participants under the SECURE Act, and a reduction in the minimum age for allowable in-service distributions from defined benefit and money purchase pension plans under the Bipartisan American Miners Act of 2019 (the “Miners Act”).

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