Navigating Secure Act 2.0's Impact On Estate Planning For Retirement Benefits

Presentation slides - Navigating Secure Act 2.0's Impact On Estate Planning For Retirement Benefits...
United States Employment and HR
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IRAs and Qualified Retirement Accounts

  • Evolving Retirement Landscape
    • Increased longevity
      • A 65-year-old can expect to live well into their 80s
      • Senior population expected to double over 30 years
    • Retirement income sources have evolved
      • Responsibility to save for retirement has been shifted to the employee
      • Increases in delayed retirement
    • Trillions of dollars in IRAs and Qualified Plans
      • Taxes must be considered when taking distributions
      • Consider: early withdrawal penalties, RMDs, distribution timing, etc.
      • BUT: only 56% of the adult population participates in workplace retirement plans. (US Bureau of Labor Statistics 2022)

Distribution Planning for Retirement Benefits

  • Rules have evolved over the last 70+years:
    • 1950s Cash or Deferred Arrangement (CODA) profit sharing plans started to appear
    • 1974 Enactment of the Employee Retirement Income Security Act (ERISA)
    • 1978 The Revenue Act of 1978 created the foundation for the401(k)
    • 1981 IRS Regulations clarified that a portion of payroll could be deferred to a 401(k)
    • 2001 EGTRA introduced the Roth 401(k)
    • 2020 SECURE Act extended Required Beginning Date to 72 and eliminated the "stretch" for Inherited IRAs
    • 2023 SECURE Act 2.0 and corresponding regulations made major changes to Required Beginning Dates, inherited IRA rules, and catch-up contribution limits
  • SECURE Act 2.0 –Overview of Selected Major Changes:
    • Employees automatically enrolled in new 401(k) and 403(b) plans
    • Employee deferrals auto-escalate (initial: 3%; 1% increase annually up to 10%-15% max)
    • Employers may match qualified student loan payments as if elective deferrals
    • Required Beginning Date Age raised to 73 (plus staggered future increases)
    • Catch-up contributions beginning in 2025 are increased for 60, 61, 62, and 63 year olds
    • Reduced penalty for failure to take RMDs
    • Statute of Limitations for failure to take RMD is 3 years, triggered by the taxpayer's filing due date, with extensions (SOL used to be triggered by filing Form 5329 Additional Taxes on Qualified Plan form)
    • Expansion of exceptions to 10% early withdrawal penalty
    • 529 plan accounts can be transferred to the Beneficiary's Roth IRA (with limits)
  • SECURE Act 2.0 –Overview of Selected Major Changes(related to Roth Accounts):
    • There is no Required Beginning Date for Roth accounts, including employer Roth accounts
    • Employers may permit employees to elect that employer matching and non-elective contributions be made as Roth contributions
    • Employees making $145,000 or more per year who make catch-up contributions to employer-sponsored retirement plans, like a 401(k), will have to instead put that money into Roth accounts (extended effective date of this provision to 2026)
      • For now, ages 50 and older can continue to make catch-up contributions after 2023, regardless of income

To read the presentation slides in full, please click here.

Originally published December 06, 2023

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Navigating Secure Act 2.0's Impact On Estate Planning For Retirement Benefits

United States Employment and HR
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