Contributed by: Kali Hassinger, CFP®
The Senate recently passed the Setting Every Community Up for Retirement Enhancement (SECURE) Act, a change in legislation significant to most Americans who are preparing for or in retirement. Some provisions, however, also have implications for those set to inherit retirement accounts.
While the new SECURE Act expands the amount of time employees and retirees can continue saving (and deferring taxes) within their retirement plan accounts, the bill changes the required distribution rules for non-spouse beneficiaries of retirement plans such as 401(k)s, 403(b)s, Traditional IRAs, and Roth IRAs.
The Maximum age for traditional IRA contributions
The SECURE Act removes the age cap, currently age 70 ½, for Traditional IRA contributions. This change would allow older workers to save a portion of their earned income into a Traditional IRA, just as they currently do within a Roth IRA. (The Roth has never carried an age cap for contributions.) For those age 50 and older in 2019, the maximum contribution is $7,000. Keep in mind, this means that an older worker who has enough income to cover the total IRA contribution could also contribute to an IRA for a retired spouse.
401(k)s & Annuities
The SECURE Act would allow more 401k plans to offer annuities that provide guaranteed, lifetime income for clients in retirement. In the past, employers have been concerned to offer such annuities, due to the fear of being sued for breach of fiduciary duties if the annuity provider faces future financial problems. To address this issue, the SECURE Act would create a safe harbor that employers can use when choosing a group annuity. The Act would also increase the portability of annuity investments by letting employees who take another job or retire to move their annuity to another 401k plan or to an IRA without incurring surrender charges and fees.
Required Minimum Distribution changes
This new bill also brings a significant change to Required Minimum Distributions, which refers to the age at which distributions from retirement accounts must begin. The age has been raised from 70 ½ to 72 years old. This allows an extra 18 months of tax-deferred growth for account holders who don’t have an immediate need to tap into their retirement accounts. These changes come into effect on December 31, 2019, so anyone who is 70 ½ before that time will be grandfathered in under the old laws. The rules surrounding Qualified Charitable Distributions, however, will remain the same. Those ages 70 ½ and older can still give tax-free donations to charities, if the funds are directly moved from the IRA to the charity.
Non-Spouse Beneficiaries of IRAs
The new legislation significantly changes how non-spouse account beneficiaries must distribute assets from inherited retirement accounts. The new law mandates that beneficiaries withdraw the balance of the inherited account within 10 years from the year of death. This removes the beneficiary’s option to spread out (or stretch) the distributions based on life expectancy. As a result, many beneficiaries will have to take much larger distributions, on average, in order to distribute their accounts within a shorter time.
The Secure Act also includes some additional changes:
A provision that allows up to a $5,000 penalty free retirement plan withdrawal within a year of birth or adoption of a child ($5,000/parent, so $10,000 total for a married couple).
Increased access to multiple employer retirement plans for unrelated small employers.
Access to 401(k)s and retirement plans for part-time employees who have worked 500 hours per year for 3 consecutive years (and who are 21 years old at the end of the 3 year period).
Auto enrollment 401(k) contribution limits will be increased to 15%. Previously, auto enrollment retirement plans were required to cap contributions at 10%.
Also, stipends received by Graduate & Post-doctoral students will now be considered earned income for making IRA contributions.
While it may be too soon to understand all of the implications of these changes, we’re happy to be a resource for you. If you have any questions about what this means for your financial plan, don’t hesitate to contact us!
Kali Hassinger, CFP®, CDFA®, is a CERTIFIED FINANCIAL PLANNER™ professional at Center for Financial Planning, Inc.® She has more than a decade of financial planning and insurance industry experience.
This information has been obtained from sources considered to be reliable, but Raymond James Financial Services, Inc. does not guarantee that these statements, opinions or forecasts provided herein will prove to be correct. Distributions may be subject to certain taxes. Guarantees are based on the claims paying ability of the issuing company. Changes in tax laws may occur at any time and could have a substantial impact upon each person's situation. While we are familiar with the tax provisions of the issues presented herein, as Financial Advisors of RJFS, we are not qualified to render advice on tax or legal matters. You should discuss tax or legal matters with the appropriate professional.