What You Need to Know About: The SECURE Act

In December of 2019, President Donald Trump passed the Setting Every Community Up for Retirement Enhancement Act or SECURE Act. Some of the Act aims as making it easier for small business owners to create more affordable and easier to administer retirement plans. Key takeaways from the SECURE Act include:

  • Small Business Tax Credits have increased for businesses who start a 401(k) Plan, thus making starting a plan more affordable.
  • New automatic enrollment plan tax credit created.
  • Removes the annual notice requirement for Safe Harbor 401(k) Plans that utilize the nonelective contribution instead of the match.
  • 401(k) Nonelective Safe Harbor Plans can be adopted up until 30 days before plan year end, instead of 90 days prior.
  • Maximum automatic contribution rate is increased to 15% from 10% in Qualified Automatic Contribution Arrangements (QACAs).
  • Pushes the age of 70 ½ to 72 for retirement plan participants needing to take RMDs or ‘required minimum distributions.
  • Part-time employees will be eligible to participate after completing 500 hours of service in each of 3 consecutive 12-month periods, if at least age 21 at the end of that time. These employees do not have to share in company contributions.
  • Pooled Employer Plans (PEPs) will be allowed which could make it easier for small businesses to administer their retirement plan.

“There is a lot of hype in the government and media about how the SECURE Act will make it cheaper to sponsor a plan. I don’t know if recordkeepers could lower their annual costs any more than they have over the last 8 or 9 years; but it definitely will provide lower start-up costs through the tax credits, and make it easier to administer plans if utilizing a Safe Harbor approach or a PEP,” stated Todd Yawit, Director / Retirement Plans at Saxon Financial Services, Inc.

For most plans and provisions, the SECURE Act became effective on January 1, 2020. However, for Pooled Employer Plans (PEPs), the SECURE Act will go into effect on January 1, 2021. For further information on how the SECURE Act will affect your retirement plans, contact Todd Yawit at (513) 573-0129 or tyawit@gosaxon.com.

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by 6dhannah

Older workers are staying in the job market. Here’s why

According to the Bureau of Labor Statistics, the amount of employees over the age of 65 has risen by 697,000. With over two million jobs being created over the past 12 months with the help of the economy, the older generations are still wanting to be employed. Read this blog post to learn more as to why.

Older workers are sticking around the job market. This is why
The number of workers aged 65 and above increased by 697,000 as the economy created more than 2 million new jobs over the past 12 months, according to data from the Bureau of Labor Statistics in this CNBC article. The spike in the number of older workers represents about 36% of the overall increase, reflecting a trend over the past 10 years. “The norms about working at older ages have changed quite a bit, and I think in a way that really is to the advantage of older workers who want to keep working,” says an expert.

What ‘Rothifying’ 401(k)s would mean for retirees
Clients will not benefit from a switch to a retirement system where contributions would be made on an after-tax basis even if it could result in bigger tax revenue in the near term, experts write in The Wall Street Journal. "Over their lifetimes, workers would accumulate one-third less in their 401(k)s under a Roth system. This is because, with no tax advantage from contributing to a 401(k), workers would save less and those lower contributions would earn less over the years," they write. Moreover, "lifetime tax revenue generated by the average worker under a Roth regime would fall 6% to 10%, compared with the current regime."

Stop 'dollar-cost ravaging' your clients’ portfolio in retirement
Retirees who stick to a 4% withdrawal rule during a market downturn are putting their financial security at risk, as their portfolio would not recover even if the market eventually improves, writes an expert in Kiplinger. Instead, seniors should focus on how much income they can generate from their portfolio, he writes. "[I]t means choosing investments — high dividend-paying stocks, fixed income instruments, annuities, etc. — that will produce the dollar amount you need ($2,000, $3,000, $5,000 or more) month after month and year after year."

Will clients owe state taxes on their Social Security?
Retirees may face federal taxation on a portion of their Social Security benefits — but they could avoid the tax bite at the state level, as 37 states impose no taxes on them, writes a Forbes contributor. "While probably not a big enough issue to warrant moving in retirement, it is something to consider when choosing where you want to spend your retirement," writes the expert. "At the very least, you need to know about Social Security taxation when figuring out how much additional income you will need to have in order to maintain your standard of living during retirement."

8 ways clients can start saving for college now
There are a few savings vehicles that clients can use to prepare for college expenses, but they need to consider the pros and cons, according to this article in Bankrate. For example, clients who save in a 529 savings plan can get tax benefits — such as tax deferral on investment gains and tax-free withdrawal for qualified expenses — but will face penalties for unqualified withdrawals aside from taxes. Parents may also use a Roth IRA to save for their child's college expenses, but these accounts are subject to contribution limits and future distributions will be treated as an income, which can reduce their child's eligibility for scholarships or assistance.

SOURCE: Peralta, P. (18 February 2020) "Older workers are staying in the job market. Here’s why" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/why-older-workers-are-staying-in-the-job-market

by 6dhannah

How 401(k) Taxes Work and How to Minimize the Tax Bill

Are you familiar with how 401(k) taxes work? Most 401(k) plans are tax-deferred, meaning that you won't pay income taxes until you withdraw the money you've put into your 401(k). Read this blog post for an overview of how these taxes work.

Most 401(k) plans are tax-deferred, which means you don’t pay income tax on the money you put into the account until you withdraw it. That makes the 401(k) not just a way to save for retirement; it’s also a great way to cut your tax bill. But there are a few rules about 401(k) taxes to know, as well as a few strategies that can get your tax bill even lower.

Here’s an overview of how 401(k) taxes work and how to pay less tax when the IRS asks for a cut of your retirement savings.

How do 401(k) taxes on contributions work?

Contributions to a traditional 401(k) plan come out of your paycheck before the IRS takes its cut. So if you earn $1,000 before taxes at work and you contribute $200 of it to your 401(k), that’s $200 less that you’ll be taxed on. When you file your tax return, you’d report $800 rather than $1,000.

  • If your employer offers a Roth 401(k), that means you contribute after-tax money instead of pre-tax money as with the traditional 401(k). This has a few advantages (see the section about withdrawals).
  • You still have to pay Medicare and Social Security taxes on your payroll contributions to a 401(k).
  • In 2019, you can contribute up to $19,000 a year to a 401(k) plan, which means you can shield $19,000 a year from income taxes. If you’re 50 or older, you can contribute $25,000 in 2019.
  • The annual contribution limit is per person, and it applies to all of your traditional or Roth 401(k) contributions in total.
  • Your employer will send you a W-2 in January that shows how much it paid you during the previous calendar year, as well as how much you contributed to your 401(k) and how much withholding tax you paid.

Do 401(k) taxes apply while your money is in the account?

While money is in a traditional 401(k), you pay no taxes on investment gains, interest or dividends.  This is true for a Roth 401(k), as well.

Roth 401(k) vs. Traditional 401(k)

Traditional 401(k) Roth 401(k)
Tax treatment of contributions Contributions are made pre-tax, which reduces your current adjusted gross income. Contributions are made after taxes, with no effect on current adjusted gross income. Employer matching dollars must go into a pre-tax account and are taxed when distributed.
Tax treatment of withdrawals Distributions in retirement are taxed as ordinary income. No taxes on qualified distributions in retirement.
Withdrawal rules Withdrawals of contributions and earnings are taxed. Distributions may be penalized if taken before age 59½, unless you meet one of the IRS exceptions. Withdrawals of contributions and earnings are not taxed as long as the distribution is considered qualified by the IRS: The account has been held for five years or more and the distribution is:

  • Due to disability or death
  • On or after age 59½

Unlike a Roth IRA, you cannot withdraw contributions at any time.

How do 401(k) taxes apply to withdrawals?

In technical terms, your contributions and the investment growth in a traditional 401(k) are tax-deferred — that is, you don’t pay taxes on the money until you make withdrawals from the account. At that point, you’ll owe income taxes to Uncle Sam. If you’re in a Roth 401(k), in most cases you won’t owe any taxes at all when you withdraw the money because you will have already paid the taxes upfront.

401(k) taxes if you withdraw the money in retirement

  • For traditional 401(k)s, the money you withdraw is taxable as regular income — like income from a job — in the year you take the distribution (remember, you didn’t pay income taxes on it back when you put it in the account; now it’s time to pay the piper).
  • For Roth 401(k)s, the money you withdraw is not taxable (you already paid the income taxes on it back when you put the money in the account).
  • You can begin withdrawing money from your traditional 401(k) without penalty when you turn age 59½.
  • You can begin withdrawing money from your Roth 401(k) without penalty once you’ve held the account for at least five years and you’re at least 59½.
  • If you’ve retired, you have to start taking required minimum distributions from your account starting on April 1 of the year following the year in which you turn 70½.
  • If you’re still working at age 70½, you can put off taking distributions from your traditional 401(k).
  • If you don’t take the required minimum distribution when you’re supposed to, the IRS can assess a penalty of 50% of the amount not distributed.
  • You can withdraw more than the minimum.

401(k) taxes if you withdraw the money early

For traditional 401(k)s, there are three big consequences of an early withdrawal or cashing out before age 59½:

  1. Taxes will be withheld. The IRS generally requires automatic withholding of 20% of a 401(k) early withdrawal for taxes. So if you withdraw the $10,000 in your 401(k) at age 40, you may get only about $8,000.
  2. The IRS will penalize you. If you withdraw money from your 401(k) before you’re 59½, the IRS usually assesses a 10% penalty when you file your tax return. That could mean giving the government another $1,000 of that $10,000 withdrawal.
  3. You may have less money for later, especially if the market is down when you start making withdrawals. That could have long-term consequences.

There are a lot of exceptions. This article has more details, but in a nutshell, you might be able to escape the IRS’s 10% penalty for early withdrawals from a traditional 401(k) if you:

  • Receive the payout over time.
  • Qualify for a hardship distribution with the plan administrator.
  • Leave your job and are over a certain age.
  • Are getting divorced.
  • Are or become disabled.
  • Put the money in another retirement account.
  • Use the money to pay an IRS levy.
  • Use the money to pay certain medical expenses.
  • Were a disaster victim.
  • Overcontributed to your 401(k).
  • Were in the military.
  • Die.

You can withdraw money from a Roth 401(k) early if you’ve held the account for at least five years and need the money due to disability or death.

7 quick tips to minimize 401(k) taxes

  1. Wait as long as you can to take money out of your account. Withdrawals are what can trigger taxes.
  2. If you must make an early withdrawal from a 401(k), see if you qualify for an exception that will help you avoid paying an early withdrawal penalty.
  3. See if you qualify for the Saver’s Credit on your contributions.
  4. Be careful with how you roll over your account. Rolling an old 401(k) account into another 401(k) or into an IRA usually won’t trigger taxes — if you get the money into the new account within 60 days. Otherwise, the IRS might consider the move a distribution, triggering taxes and maybe even a penalty.
  5. Borrow from your 401(k) instead of making an early withdrawal. Not all 401(k) plans offer loans, though. Also, in most circumstances you’ll need to repay the loan within five years and make regular payments. Check with your plan administrator for the rules.
  6. Use tax-loss harvesting. You might be able to offset the taxes on your 401(k) withdrawal by selling underperforming securities at a loss in some other regular investment account you might have. Those losses can offset some or all of the taxes on your 401(k) withdrawal.
  7. See a tax professional. There are other ways to minimize your 401(k) taxes, too, so find a qualified tax pro and discuss your options.

SOURCE: Orem, T. (19 September 2019) "How 401(k) Taxes Work and How to Minimize the Tax Bill" (Web Blog Post). Retrieved from https://www.nerdwallet.com/blog/taxes/401k-taxes/

by 6drachael

10 Retirement Lessons for 2019

There are lessons to be learned from recent decisions and settlements about the best ways to protect yourself in 2019. Here are some important takeaways from recent litigation activity.

1. Your Process Matters.

New York University recently got a lawsuit dismissed by a district court because it provided evidence that it followed a prudent process when selecting investments. If a case goes to trial, you will also need to demonstrate that you made prudent decisions in order to prevail.

2. Put It in Writing.

It’s hard to prove that you followed a prudent process if you don’t write down what you did. People change jobs, die or simply forget the details of what was done if there are not minutes explaining the reasons for decisions. Have clear written policies showing what you will consider when selecting or replacing investments and reviewing fees, and make sure to follow those policies.

3. Know and Review Your Options.

Complaints have alleged that fiduciaries failed to consider alternatives to common investments, such as collective trusts as an alternative to mutual funds and stable value funds as alternatives to money market funds. Employees of investment giants such as Fidelity have sued because they claimed that these companies filled their plans with their own in-house investments even though better performing alternatives with lower fees were available. Even if you don’t select these options, you should investigate them and record the reasons for your decisions. Be especially careful about choosing your vendor’s proprietary funds without investigation.

4. Understand Target Date Funds.

They have different risk profiles, performance history, fees and glide paths. Don’t take the easy way out and automatically choose your vendor’s funds. In fact, you need to have a prudent process to select these.

5. Benchmark Plan Fees.

Be able to demonstrate that your fees are reasonable for plans of your size. But don’t compare apples to oranges. Select an appropriate peer group. Remember, though, that it is not a violation of ERISA to pay higher fees for better service, so long as the fees are reasonable.

6. Retain an Expert to Help You.

Don’t be penny wise and pound foolish. If you don’t have internal investment expertise, hire an outside fiduciary to assist you. Insist on written reports of recommendations if the fiduciary is a co-adviser, and that the fiduciary attend committee meetings to answer questions and explain the recommendations.

7. Consult Outside Counsel When Necessary.

See No. 6. Don’t try to guess what the law requires, and listen to counsel’s recommendations about best practices. While both advisers and ERISA counsel are available to provide fiduciary education, your ERISA counsel can give you a better handle on your legal responsibilities as ERISA fiduciaries.

8. Hold Regular Committee Meetings.

The days when committees met once a year are over. Many committees now meet quarterly. These should be formal meetings where committee members sit down together with the plan adviser and, where appropriate, with ERISA counsel.

A secretary should take formal minutes. Plan fiduciaries shouldn’t be meeting over the water cooler or making decisions by exchanging emails without face-to-face discussion in a misguided effort to save time.

9. Review Your Providers.

At least once a year, review whether your vendors are performing in accordance with their proposals and their services agreements, and survey your committee members to determine whether they are happy with the provider’s performance. Follow up to request changes or start an RFP to find a new vendor if necessary.

10. Schedule Regular RFPs.

Even if you are happy with your current providers, new RFPs will give you the opportunity to renegotiate your services agreements and fees and will also let you know whether additional services are available in the marketplace.

content resource: https://401kspecialistmag.com

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by 6drachael

us capitol

3 ways Congress can meaningfully reform 401(k)s

This article from Employee Benefit Advisor's Alexander Assaley drives home three points on improving 401(k)s - (1) improve coverage, (2) update antiquated testing results, and (3) expand limits while maintaining choices. How do you, as an employer, feel about these points?

In both the House and Senate’s tax bills there are no significant changes made to 401(k), 403(b) and IRA retirement accounts — for now. Congress has preserved the majority of tax benefits. However, we are only getting started, and there is still room for improvement. The drafted bills will look different, perhaps significantly so, before getting finalized into law.

Bloomberg/file photo

As our elected officials debate and negotiate tax legislation, I’d like to offer some input and advice on key characteristics and design structures that we should be advocating for with respect to retirement plans, and how advisers and benefits professionals can work to continually improve the private retirement system:

1) Improving coverage. One of the chief complaints from 401(k) critics is that many workers in this country don’t have access to a plan. Various research indicates that somewhere between 50%–65% of employees have access to a 401(k) or 403(b) and the remaining don’t.

This coverage gap primarily extends to part-time and “gig” workers, as well as small businesses with less than 30 employees. Retirement plan advisers and practitioners need to create forward-thinking solutions to provide these employees with access to employer-sponsored and tax qualified retirement plans.

Most of all, we can shrink the coverage gap if we get small businesses to establish plans. Both data and anecdotal evidence find that the biggest drivers for small businesses to create and offer retirement plans are 1) tax benefits to the owners and executives; and 2) simple, easy to use programs with minimal liability. This is where some of the tax policy or other reforms could really help.

2) Updating antiquated testing rules. While we often cite the $18,500 (or $24,500 for those eligible to make catch-up contributions) employee deferral limits for retirement plans in 2018, the practical nature is that a lot of highly compensated employees, HCEs, (including small business owners) are limited to contributing at much lower levels due to various non-discrimination tests.

While the spirit of non-discrimination testing is just — ensuring business owners and executives aren’t structuring their plans to limit or prevent their employees from benefiting, or inequitably benefiting owners and their family members — the current structure significantly dis-incentivizes the small business owner from offering a plan in the first place because they can’t maximize their benefit.

Let me be clear, we are big proponents of matching and profit sharing contributions, and want to see employers help their employees get on track for retirement too; however, the current safe harbor provisions with immediate, or short vesting schedules, along with cumbersome testing requirements, often cause too big of a hurdle for the small business owners to commit and therefore, short changes their employees with no plan at all.

I would love to see tax reform improve safe harbor provisions and/or testing components that might make it easier for business owners and HCEs save up to the limit without concerns of failed testing or hefty safe harbor contributions. Practically speaking, these workers need to save more in order to meet their retirement income needs, since Social Security will make up a small percentage of their income replacement, and the 401(k) is the best place to make it happen.

3) Expanding limits and maintaining choice. Just before Congressional Republicans announced their tax bill, a group of Senate Democrats unveiled a plan which would actually raise limits for 401(k) plans. While our research aligns with many other studies that the vast majority of savers don’t reach the annual limits, we would be in favor of expanding the limits — even if it only allowed for Roth-type contributions above the $18,500 (or $24,500) limits.

Additionally, we think an employee’s ability to select either Roth or pre-tax contributions is critical. While the tax preferential treatment of defined contribution plans is just one component that makes these vehicles so valuable, it has definitely emerged and remained as the “branding tool” that encourages so many workers to get into the plan in the first place.

Source:

Assaley A. (10 November 2017). "3 ways Congress can meaningfully reform 401(k)s" [Web blog post]. Retrieved from address https://www.employeebenefitadviser.com/opinion/3-ways-congress-can-meaningfully-reform-401-k-s

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by 6djina

HSAs and 401(k)s are Becoming More Closely Linked

As HSAs continue to grow, more employers are starting to work HSAs into their retirement programs. Take a look at this great article by Brian M. Kalish from Employee Benefit News and see how employers are using HSAs as a tool to help their employee plan for their healthcare cost in retirement.

There has been progress among leading-edge advisers and employers to more closely link HSAs and 401(k)s in order to allow employees to use a health savings account to save for healthcare expenses post-retirement.

Eighty percent of Americans have a high concern about healthcare costs in retirement, according to Merrill Lynch, and healthcare is the largest threat to retirement savings and the most important part of a retirement income plan, according to Fidelity, which is why there has been a recent push to more closely link HSAs and 401(k)s, or health and wealth.

HSAs are triple tax-free, Brian Graff, CEO of the American Retirement Association, an Arlington, Va.-based trade group said at a recent event hosted by AFS 401(k) Retirement Services

The fact of linking health and wealth “is a big idea and there is some continued focus on it moving forward,” says Alex Assaley, managing principal of Bethesda, Md.-based financial services advisory company AFS 401(k).

“There is a lot more interest in HSAs by pretty much everybody,” explains Nevin Adams, chief of marketing and communications at the American Retirement Association.

According to the Employee Benefit Research Institute, nearly 30% of employers offered an HSA-eligible health plan in 2015 and that percentage is expected to increase in the future both as a health plan option and as the only health plan option. Most of the growth has been recent as more than four-in-five HSAs have been opened since the beginning on 2011, according to EBRI.

At an event hosted by Assaley’s firm in 2016, he said there was not a lot of traction around the idea of using HSAs to save for healthcare expenses post-retirement. But, now, there is a bigger push.

As HSAs continue to grow, employers, employees and advisers are “understanding there is an ability to accumulate money in the HSA and use that for healthcare or something [employees] want to set aside because they are not sure what their healthcare cost situation in the future is going to be,” Adams explains.

Assaley adds that there has “definitely been a good deal of refinement and evolution in the HSA marketplace [recently], whereby … you are now seeing more companies offering HSAs as a part of their medical and retirement strategy. You are also seeing more employees thinking about HSAs as part of their overall holistic fin wellness program.”

In one-on-one coaching sessions with employees, conversations are becoming more prominent, as advisers help employees, “understand how all employee benefits tie together to make wise financial decisions today, tomorrow and for their retirement,” Assaley says.

“With certainty, there has been a great deal of growth in the marketplace and evolution in how HSAs and 401(k)s are starting to interlock together,” he adds.

Saving for the future
Looking down the road, Assaley expects the linking to continue, especially if proposals to alter the maximum accounts that can be contributed pre-tax to an HSA is tweaked, as has been proposed by legislators on Capitol Hill. Some proposals shared amongst the industry, Assaley says, propose doubling the pre-tax amount.

“If that happens or there is any sort of meaningful increase, then I think you will see an exponential growth in the numbers of HSAs,” he says.

For advisers, the work is not done as they need to help employees better understand how a HSA works and from there help employees understand the benefits of a HSA and the different ways to structure one, Assaley explains.

“Even today, there is a large knowledge gap on what an HSA is, how it works and how someone can use one as part of health and retiree healthcare needs,” he says.

See the original article Here.

Source:

Kalish B. (2017 July 5). HSAs and 401(k)s are becoming more closely linked [Web blog post]. Retrieved from address https://www.benefitnews.com/news/hsas-and-401-k-s-are-becoming-more-closely-linked?feed=00000152-18a4-d58e-ad5a-99fc032b0000

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