12-Month Extension of Temporary Relief from the Physical Presence Requirement

Legal Alert

The IRS announced today, June 24, 2021, in Notice 2021-40, that it was extending, through June 30, 2022, the temporary relief from the physical presence requirement that is usually necessary for participant elections to be considered witnessed by a plan representative or notary public. The relief from the physical presence requirement was first extended in Notice 2021-3. The relief extension was provided in response to the continuing Coronavirus Disease 2019 (COVID-19) pandemic and to provide a comment period on whether relief from the physical presence requirement should be made permanent. Comments are due by September 30, 2021. You should review your policies and procedures if you are implementing the relief from the physical presence requirement to ensure that they are compliant. If you have any questions about IRS Notice 2021-40, please contact your Executive Compensation and Employee Benefits counsel at Smith, Gambrell & Russell, LLP.