Retirement plan sponsors should take note of new IRS safe harbor rollover notices.

As a reminder, section 402(f) of the Internal Revenue Code requires retirement plan administrators to provide recipients of eligible rollover distributions with a written explanation of their rollover options and the associated tax consequences. 

On January 15, 2026, the IRS issued Notice 2026-13, which includes updated safe harbor rollover notices reflecting changes enacted by the Setting Every Community Up for Retirement Enhancement Act of 2022 (“SECURE 2.0”). The updated notices replace the safe harbor notices set forth in IRS Notice 2020-62.

The new notices incorporate legislative changes made after August 6, 2020, including updates relating to:

  • in-service distribution options,
  • exceptions to the 10% early withdrawal penalty,
  • required minimum distribution rules, and
  • the increased dollar threshold for small lump-sum distributions.

Next steps

Retirement plan sponsors should work closely with their plan administrators and counsel to review and update their rollover notices to align with Notice 2026-13 and to ensure continued compliance with section 402(f) notice requirements. As with prior versions of the safe harbor notices, the IRS has indicated that plan administrators may customize the notices to omit information not applicable to the plan and to include additional explanations that are not inconsistent with section 402(f).

Because the updated notices reflect only those SECURE 2.0 provisions that were effective as of January 15, 2026, further revisions will be required in the future to reflect provisions that take effect later, such as Code section 6433, which establishes Saver’s Match contributions effective for taxable years beginning after December 31, 2026. The IRS has indicated that it anticipates issuing updated notices in the future to address those changes.

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Photo of Roberta Chevlowe Roberta Chevlowe

Roberta K. Chevlowe provides advice to employers and boards of trustees of multiemployer benefit plans on a broad range of issues relating to their retirement, health and other employee benefit plans. With more than three decades of experience practicing in this area, Roberta…

Roberta K. Chevlowe provides advice to employers and boards of trustees of multiemployer benefit plans on a broad range of issues relating to their retirement, health and other employee benefit plans. With more than three decades of experience practicing in this area, Roberta employs a practical, business-minded approach to helping her clients comply with the various requirements imposed by federal and state laws affecting employee benefit programs. Roberta’s practice also includes advising clients in connection with benefit claim appeals, lawsuits and government audits; drafting plan documents, policies and employee communications materials; and negotiating with plan service providers.

Roberta is known for her work in the area of COBRA compliance, and is a co-author of The COBRA Handbook.  She also lectures and publishes articles on a variety of employee benefits topics. In addition, Ms. Chevlowe is a leader of Proskauer’s Task Force on Reproductive Health Care Benefits.

Photo of Jay Jensen Jay Jensen

Jay Jensen is an associate in the Labor Department and a member of the Employee Benefits & Executive Compensation Group.

Jay’s practice focuses on the design, compliance, and administration of single employer and multiemployer pension and welfare plans.  He helps plan sponsors navigate…

Jay Jensen is an associate in the Labor Department and a member of the Employee Benefits & Executive Compensation Group.

Jay’s practice focuses on the design, compliance, and administration of single employer and multiemployer pension and welfare plans.  He helps plan sponsors navigate plan mergers, spin-offs, and terminations, obtain determination letters and compliance statements from the Internal Revenue Service, and implement trust and custodial agreements and other plan-related contracts.

Before joining Proskauer, Jay was a staff attorney in the Tulane University Office of the General Counsel, advising on a broad range of legal issues, including labor and employment, non-profit taxation, regulatory compliance, data privacy, and general business transactions.

Jay received his J.D. from Tulane University Law School, where he trained as a student attorney in the Civil Rights and Federal Practice Clinic and received best speaker and brief awards competing in appellate moot court.