01/10/2023
As you may have heard, the new SECURE 2.0 Act contains some significant changes that will affect retirement plans. As with the first SECURE Act, many features of the new law will need clarification over the coming months, and some provisions won’t be effective until future years. TSC will provide updates as we learn more, but for now, here are some of the highlights:
• Long-term part-time employees who complete 500 hours of service each year must be eligible to make deferrals after two years (down from three)
• New 401(k) and 403(b) plans sponsored by existing employers with more than 10 employees will be required to have automatic enrollment provisions (initial automatic enrollment starts between 3 -10%, and increases by 1% each year up to 10 - 15%)
• Increases catch-up limits available for those participants ages 60 – 63
• Catch-up contributions must be designated as Roth deferrals for certain higher income employees
• Employer contributions, including matching, can be made as Roth contributions
• Required minimum distribution age increases to age 73 beginning on January 1, 2023, and increases again to age 75 beginning on January 1, 2033
• Eliminates automatic ownership attribution for spouses with unrelated businesses based on community property laws or minor children
• Permits penalty-free distributions for “unforeseeable or immediate financial needs relating to necessary personal or family emergency expenses” up to $1,000
• Allows streamlined “Starter 401(k)” plans with reduced limits to employers that don’t currently offer retirement plans
• Allows employers to choose to match student loan repayments as if the student loan repayments were deferrals
• Emergency savings accounts may be created under a plan for those who are not highly compensated employees
• Creates a national missing plan participant database
• Eliminates required notices for those who haven’t enrolled (however, they must be provided with an annual reminder of eligibility to participate)
• Expands tax credits available for new plans and to certain employees
As you can see, there’s a lot going on in SECURE 2.0 – and there’s even more that we didn’t mention! TSC will continue to review the legislation and guidance as it develops, and we will keep you informed as we know more.