At the end of 2019, Congress passed the Setting Every Community Up for Retirement Enhancement (SECURE) Act as part of a year-end appropriations package. This bill is designed to address specific issues related to retirement savings plans in an effort to help Americans save more for retirement.

Retirement Plan Contributions

People are living longer, and a decrease in employer-sponsored pensions has resulted in retirees relying more on Social Security benefits than in the past. So first, the SECURE Act eliminated the age limit on traditional IRA contributions so that people who work into their 70s and beyond may continue to contribute to the traditional IRA up to the annual limit. In 2020, the limit for all IRAs – traditional and Roth combined – is $6,000; $7,000 for individuals age 50 and older.

Retirement Plan Distributions

The SECURE Act also extends how long retirees may keep money invested in their traditional IRA, 401(k)s and other defined-contribution plans before mandating distributions. Starting this year, people who turn 70½ after Dec. 31, 2019 may delay having to start taking annual required minimum distributions (RMD) until age 72.

Inherited IRAs Reigned In

The Stretch IRA is an advantage bestowed to non-spouse beneficiaries who inherit an IRA. While a benefit still exists, the SECURE Act makes it somewhat less advantageous. Starting in 2020, assets in these inherited accounts must be fully distributed by Dec. 31 of the 10th year following the death year of the IRA owner. This means that annual distributions will be larger and the investment will no longer be able to grow beyond 10 years.

Employer-Sponsored Retirement Plans

The SECURE Act also made changes to employer-sponsored retirement plans. For example, it allows employers to increase the cap on automatic payroll contributions to 15 percent (up from 10 percent) of an employee’s paycheck. Research has found that automatic payroll deductions have been instrumental in improving both participation and savings rates among employer retirement plans. However, employees continue to have the ability to retain their current contribution level (or opt-out of the plan entirely).

The legislation also requires employers that sponsor a defined-contribution plan to offer it to any long-term, part-time workers. The criteria for this requirement are that individuals must be age 21 or older and work at least 500 hours each year, for three years in row. However, the measurement time for this requirement doesn’t start until 2021.

The SECURE Act attempts to replace the secure pension plan by making it more attractive for employers to offer a lifetime income option as part of their 401(k) plan. Also known as an annuity, this option allows the worker to use his or her retirement plan contributions to purchase an annuity contract over time.

In the past, employers were reluctant to include an annuity option because they could be held liable if the annuity provider is unable to fund the retirement income guaranteed by the annuity contract. To help alleviate this concern, the SECURE Act protects the employer from liability as long as it chooses an annuity insurer that, for at least seven years, is 1) licensed by that state’s insurance commissioner; 2) has filed audited financial statements in accordance with state laws; and 3) maintains the statutory requirements for reserves among all states where the provider does business.

Employers that offer an annuity option must now issue a customized statement each year that estimates how much plan participants would receive in monthly retirement income based on the current balance of their annuity. When employees retire or take a new job, they can transfer their in-plan annuity to another 401(k) or an IRA without incurring fees or surrender charges.

The SECURE Act also provides new benefits for small businesses that sponsor a retirement plan for employees. They may now receive up to $5,000 to offset retirement plan startup costs, and can get an additional $500 tax credit per year for three years if their plan features auto-enrollment for new hires. The bill makes it possible for small employers in unrelated industries to open a multiple-employer 401(k) plan (MEP) in order to share administrative costs.

Conclusion

Overall, the various provisions of the SECURE Act described above are designed to make retirement savings easier and more accessible. Small businesses will find it less burdensome to offer both full- and part-time employees 401(k) plans by providing tax credits and protections on collective Multiple Employer Plans. Individuals will find they have more flexibility in managing their accounts later in life. Overall, the SECURE Act should ease the coming retirement crisis as demographics change by helping people prepare better.


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