IRS Expands Access to COVID-19 Retirement Distributions and Plan Loans

The CARES Act provides favorable tax treatment for coronavirus-related distributions of up to $100,000 to qualified individuals from their eligible retirement plans. Such distributions are not subject to the 10% additional tax otherwise generally applicable to distributions made before age 59 ½. The CARES Act also permits coronavirus-related distributions to be included in income in equal installments over a three-year period. Qualified individuals who take such distributions have three years to repay and undo the tax consequences of the distributions. The CARES Act also permits retirement plans to suspend certain plan loan repayments and temporarily increases the dollar limit on plan loans from $50,000 to $100,000. Notice 2020-50 expands the definition of a qualified individual to include additional factors such as reductions in pay, rescissions of job offers, delayed start dates, and being unable to work due to lack of child care due to COVID-19. The latest IRS guidance also permits factors such as adverse financial consequences to an individual arising from the impact of the COVID-19 coronavirus on the individual’s spouse or household member.

Department of Labor, Guidance Explaining Paid Sick Leave and Expanded Family Leave under the Families First Coronavirus Response Act

Department of Labor, Fact Sheet for Employees: Guidance on Employee Paid Leave Rights (March 24, 2020)

Department of Labor, Fact Sheet for Employers: Guidance on Employer Expanded Family and Medical Leave Requirements (March 24, 2020)

Department of Labor, Guidance – Questions & Answers (March 24, 2020)