Securing a Strong Retirement Act of 2022 (SECURE 2.0)
Significant provisions of SECURE 2.0 include the following:
- Required minimum distributions (RMDs) changes:
- The age at which required minimum distributions (RMDs) must be taken increases. First, taxpayers who turn 72 after 12/31/2022 will have to take RMDs at age 73. Second, taxpayers who turn 74 after 12/31/2032 will have to take RMDs at age 75.
- Excise tax for failure to take an RMD is reduced from 50% to 25%. If corrected within two years, it is reduced to 10%.
- If employee dies before taking RMDs, sole beneficiary surviving spouse may elect to be treated as employee for RMD purposes.
- Beginning in 2024 ROTH 401(k) plans are exempt from RMD rules.
- Expands automatic enrollment in new 401(k) and 403(b) retirement plans beginning in 2025
- Employers (with limited exception) must automatically enroll employees (who may opt out)
- Initial year contribution rate must be 3-10% of earnings. Automatic annual 1% increase until employee reaches at least 10%, but not more than 15% (unless employee opts out).
- Permissible withdrawals allowed after 90 days of first elective contribution.
- Catch-up contributions changes
- In 2024 catch-up amounts for 401(k), 403(b) and 457(b) plans must be made to ROTH plans if income is greater than $145,000 in the prior year.
- In 2025 catch-up amounts for those aged 60-63 for non-SIMPLE plans increased to the greater of $10,000 or 50% more than the regular catch-up amount for 2025.
- In 2025 catch-up amounts for those aged 60-63 for SIMPLE plans increased to the greater of $5,000 or 50% more than the regular catch-up amount for 2025.
- 401(k), 403(b) and 457(b) plans may permit some matching contributions and nonelective contributions to be designated ROTH contributions beginning in 2023.
- Adds exceptions to penalty for early retirement plan withdrawals
- No penalty on early distributions after 12/29/2022 for an employee with a terminal illness.
- Exception to penalty on early distributions up to $10,000 in 2024 for domestic abuse victims.
- In 2024 one penalty free withdrawal for certain emergency expenses up to $1,000 per year.
- Education related provisions added
- In 2024 employers can match student loan payments with contributions to employee’s retirement account.
- In 2024 beneficiaries of 529 college savings accounts may do a direct rollover of any unused balance in their 529 to their ROTH IRA without tax or penalty following special rules.
Other provisions include:
- Modification of credit for small employer pension plan startup costs in 2023.
- Beginning in 2023 retroactive first year 401(k) plan elective deferrals for sole proprietors.
- In 2024 employers can create emergency savings accounts (ROTH) up to 3% of income, limited to $2500 per year. Eligible for an employer match, distributions are tax and penalty free
- New starter 401(k) deferral-only plan and safe harbor 403 (b) plan for employers with no retirement plan may be started beginning in 2024.
- Part-time employees can contribute to 401(k)s after 2 years instead of 3 years beginning in 2025.
- Adds exclusion from gross income for certain service-related first responder disability payments after they reach retirement age beginning in 2027.
- Revives the rules for retirement distributions and loans that applied to federally declared disaster areas and amends disaster distributions occurring 30 days after 12/27/2020
- Limitations to charitable conservation easements after 12/29/2022.
- By the end of 2024 the Department of Labor must create an online database so plan participants and beneficiaries can find their retirement benefits.