3 Key Proposals of the SECURE Act 2.0

3 Key Proposals of the SECURE Act 2.0

September 03, 2021

Key Takeaways:

  • The proposed SECURE Act 2.0 would gradually raise required minimum distribution (RMD) ages to 75, allowing retirees to keep assets tax-deferred for longer.

  • It expands catch-up contribution opportunities for workers ages 62–64 and encourages Roth contributions, further enhancing long-term retirement flexibility.

  • New provisions—like student loan matching, expanded Roth options, and part-time worker inclusion—aim to make saving for retirement easier and more accessible.


In late 2019, the president signed the SECURE (Setting Every Community Up for Retirement Enhancement) Act into law. 

Required minimum distributions (RMDs) for employer-sponsored plans and IRA accounts were raised from 70 ½ years to 72 years old. It was a welcome change. The act also included smaller changes that aided workers in saving for retirement.

But the SECURE Act also changed the rules that govern inherited IRAs, or so-called stretch IRAs. The change in this provision was more controversial because it required faster distributions, at least in most cases.

Although the changes are recent, Congress is already considering what many are calling the SECURE Act 2.0. As the bill winds its way through Congress, there is no guarantee of passage. But it enjoys widespread bipartisan support, and both the Senate and the House have drafted similar bills.

The devil is always in the details, but we are monitoring progress and believe now is a good time to provide a high-level overview.

You should consult your tax advisor on tax-related matters.

Let’s begin.

1. Easing the RMD bite, again.

As already mentioned, an RMD from a traditional IRA isn’t required until 72. SECURE Act 2.0 would raise the RMD to 73 beginning in 2022, 74 in 2029, and 75 in 2032.

Taking your first distribution from a tax-deferred retirement account will depend on many factors, but if the funds are not needed, it is usually a good idea to defer withdrawals until required.

By delaying a withdrawal, the investments maintain their tax-exempt status. Or, if you need cash before RMDs are required, you decide how much to withdraw. You are not bound by an arbitrary rule.

2. A more favorable catch-up provision.

If Secure Act 2.0 is passed into law, employees 50 and older can make extra catch-up contributions to a 401(k) or similar plan. The limit for 2021 is $6,500, which is indexed to inflation.

As proposed, Secure 2.0 maintains the catch-up limits for those aged 50 but increases the annual catch-up provision to $10,000 for participants ages 62 through 64. The new limit begins in 2023. This new maximum is indexed to inflation.

However, all catch-up contributions must be placed in a Roth IRA, which would disallow a tax deduction. Starting in 2022, all catch-up contributions must be made into a Roth IRA.

Presumably, it’s a way for the government to capture revenue. Nonetheless, ROTH IRAs are not subject to RMDs, and withdrawals are exempt from federal income taxes.

3.Student loan matching

SECURE Act 2.0 would permit employers to make matching contributions to their 401(k) plans tied to the employee’s student loan payments. The goal: encourage younger employees to save for retirement.

It would also help employers pass nondiscrimination tests that prevent plans from favoring higher-income employers.

While we recognize this provision will probably complicate the administration of a 401(k) plan, we applaud the proposal simply because we know that the sooner one begins saving for retirement, the sooner one may enjoy the power of compounded returns. As we always counsel, it’s never too early to start saving.

The proposed changes discussed are the more important components of the proposed act, in our view. But we also wanted to briefly mention some of the additional provisions.

SECURE Act 2.0 would also:

  • Allow Roth contributions to SEP and SIMPLE plans
  • Accelerate part-time workers’ participation in 401(k) plans
  • Extend to 403(b) retirement plans some of the features of 401(k) plans
  • Require the Treasury secretary to increase awareness of the Retirement Savings Contributions Credit (also known as the saver’s credit), which is available to low- and moderate-income workers
  • Eliminate some impediments to offering lifetime income annuities as a retirement plan investment option

It would also place limits on employers who attempt to capture excess plan payments from a participant.

SECURE Act 2.0 may pass as proposed, changes could be made, or the bill could run into unforeseen obstacles that prevent it from being enacted into law.

As we have already said, the review is a high-level peek at what is being proposed. Any advice we may provide will be tailored to your individual circumstances.

We suspect changes to the proposed law will probably be made, but the odds favor passage. We are happy to entertain any questions.

Sources

[[https://www.jdsupra.com/legalnews/secure-act-2-0-look-out-for-new-8698774/  "SECURE Act 2.0–Look Out for New Retirement Plan Incentives"]]

[[https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/congress-considers-a-new-round-of-retirement-legislation.aspx "Congress Considers ’‘SECURE Act 2.0’ with a New Round of Retirement Plan Fixes"]]

[[https://www.planadviser.com/secure-act-2-0-likely-become-reality/  "‘Secure Act 2.0’ Likely to Become a Reality"]]

I trust you’ve found this review to be educational and informative.  

Let me emphasize that it is my job to assist you. If you have any questions or would like to discuss any matters, please feel free to give me or any of my team members a call.

As always, I’m honored and humbled that you have given me the opportunity to serve as your financial advisor.


The opinions voiced in this material are for general information only and are not intended to provide specific advice or recommendations for any individual. All performance referenced is historical and is no guarantee of future results. All indices are unmanaged and may not be invested into directly. The economic forecasts set forth in this material may not develop as predicted and there can be no guarantee that strategies promoted will be successful. This is a hypothetical example and is not representative of any specific situation. Your results will vary. The hypothetical rates of return used do not reflect the deduction of fees and charges inherent to investing. There is no guarantee that a diversified portfolio will enhance overall returns or outperform a non-diversified portfolio. Diversification does not protect against market risk. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal or investment advice. If you are seeking investment advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

John Gigliello, CFP®

John Gigliello, CFP®

John Gigliello, CFP®, is a fee-based fiduciary financial planner in Albany, NY, serving individuals age 50+ with comprehensive planning and investment management, centered around proactive and advanced tax planning. John earned a Certificate in Financial Planning from Boston University and, more recently, successfully completed the rigorous CFP® Certification examination to become a CERTIFIED FINANCIAL PLANNER™. John earned the Accredited Investment Fiduciary® Designation from the Center for Fiduciary Studies®, the standards-setting body for Fi360. The AIF® designation signifies specialized knowledge of fiduciary responsibility and the ability to implement policies and procedures that meet a defined standard of care. John currently serves on the Albany County Investment Advisory Board, having been appointed by a unanimous vote of the County Legislature in January 2019. In this position, John advises the county on a strategy for making the best use of money available for investment.

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