IRS Issues Updated Safe Harbor Rollover Notices

Key Takeaways

• IRS Notice 2026‑13 supersedes 2020‑62 safe harbor notices
• Reflects SECURE 2.0 changes to distribution rules
• Updates in‑service distribution, penalty exceptions, RMD thresholds
• Plan sponsors must revise notices for compliance
• Future notices will address Saver’s Match provisions

Summary

The IRS released Notice 2026-13 on January 15, 2026, updating the safe‑harbor rollover notices that plan administrators must provide under section 402(f) of the Internal Revenue Code. The new notice replaces the 2020-62 version and incorporates SECURE 2.0 provisions affecting in‑service distributions, early‑withdrawal penalty exceptions, required minimum distribution rules, and higher thresholds for small lump‑sum payouts. Sponsors are urged to work with administrators and counsel to revise their notices and ensure compliance, while retaining the ability to customize content. The IRS signals further updates will follow, notably for the Saver’s Match provisions effective after 2026.

Pulse Analysis

The IRS’s safe‑harbor rollover notices serve as a compliance bridge between retirement plan sponsors and participants, fulfilling the statutory requirement of section 402(f) to disclose rollover options and tax consequences. By issuing Notice 2026‑13, the agency not only updates the template language but also aligns it with the sweeping reforms introduced by SECURE 2.0. This alignment reduces ambiguity around in‑service distributions, clarifies early‑withdrawal penalty exceptions, and adjusts required minimum distribution calculations, thereby helping plans avoid costly misinterpretations.

SECURE 2.0’s legislative tweaks have reshaped the retirement landscape, especially for high‑net‑worth employees and small‑balance participants. The new notice raises the dollar threshold for small lump‑sum distributions, expands permissible in‑service distribution scenarios, and refines the penalty‑exception matrix for qualified hardships. These changes influence plan design decisions, such as whether to offer more flexible distribution windows or to adjust vesting schedules. For fiduciaries, the updated language provides a clearer audit trail, demonstrating that participants received accurate, up‑to‑date information.

Practically, plan sponsors should initiate a comprehensive review of their existing rollover notices, collaborating with legal counsel and third‑party administrators to integrate the revised text. Customization remains permissible, allowing sponsors to omit irrelevant sections while adding plan‑specific explanations, provided they stay consistent with section 402(f). Looking ahead, the IRS has hinted at forthcoming notices to incorporate Saver’s Match contributions under Code 6433, underscoring the need for ongoing monitoring. Proactive updates now will mitigate compliance risk and reinforce participant trust as retirement regulations continue to evolve.