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Retirement Plan Elections May Be Signed Remotely

August 10, 2020

In response to the COVID-19 pandemic and the need for social distancing, the IRS issued Notice 2020-42, providing temporary relief from the requirement that certain retirement plan elections, including spousal consents, be signed in the physical presence of a plan representative or notary public. Through the end of 2020, this requirement will be deemed satisfied for elections executed using live audio-video technology, provided certain procedures are followed. The guidance is intended to facilitate coronavirus-related distributions and plan loans according to the CARES Act. However, the temporary relief applies to any election that requires a signature in the presence of a plan representative or notary.

This material is generic in nature. Before relying on the material in any important matter, users should note date of publication and carefully evaluate its accuracy, currency, completeness, and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.

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