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ARTICLE · 01 JULY 2026

Long-Term Care Distributions From Defined Contribution Plans – This Is New!

Groom Law Group, Chartered
Groom Law Group, Chartered
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Groom Law Group, Chartered

Groom Law Group, Chartered

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Section 334 of SECURE 2.0 introduces qualified long-term care distributions from defined contribution plans without the 10% early withdrawal penalty. IRS Notice 2026-33 clarifies the requirements, reporting obligations, and implementation steps for plan sponsors and insurance issuers. Understanding these new rules is essential for employers considering this distribution option and participants seeking to use retirement funds for long-term care insurance premiums.

United StatesEmployment and HR

Section 334 of SECURE 2.0 allows defined contribution plans to make “qualified long-term care distributions” without the additional 10% tax on early distributions under Section 72(t) of the Internal Revenue Code. It also imposes new reporting obligations on long-term care insurance issuers. This provision is effective for distributions made after December 29, 2025.

Recently-issued IRS Notice 2026-33 provides necessary guidance on long-term care distributions. Here’s what you need to know.

  1. What is a “qualified long-term care distribution”?

A distribution made during the taxable year that does not exceed the least of the following:

  • Premiums paid by or assessed to the employee during the year for certified long-term care insurance covering the employee or the employee’s spouse;

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