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The SECURE Act 2.0: What’s changing?

May 24, 2023

3 minute read

Category: Compliance Updates

Learn more about this blog article

On December 29, 2022, SECURE 2.0 offered a follow-up set of provisions to the previously passed SECURE Act.  These updates provide several changes over the next few years, mostly involving 403(b) and 457(b) plans. They are designed to make retirement savings more accessible, dependable and help create a more robust retirement system. Here are a few provisions already in effect or that will change soon.

2023:
  • Required Minimum Distribution (RMD) age increased from 72 to 73.
  • The penalty for failing to take an RMD decreased from 50% to 25%.
  • The three-year eligibility rule for long-term, part-time employees is reduced to two years and is extended to 403(b) plans.
  • Under 401(k), 403(b) or governmental 457(b) plans, employers may allow employees to designate their vested matching and nonelective contributions as post-tax Roth contributions.
  • If participants repay birth and adoption distributions, those must be paid within three years of the distribution date.
  • Distributions for participants with a terminal illness will not be subject to the 10% withdrawal penalty.
  • An emergency declared by Federal Emergency Management Agency (FEMA) is automatically a qualified event.
  • A retirement plan may allow participants to self-certify they meet eligibility for specified hardship withdrawal reason from a 403(b) plan or specified unforeseeable withdrawal reason in a governmental 457(b) plan.
2024:
  • Under 401(k), 403(b) or 457(b) plans, employers can treat student loan payments as elective deferrals.
  • Participants above a certain income level making catch-up contributions will be required to designate them as post-tax Roth contributions.
  • Victims of domestic abuse may withdraw $10,000 or 50% of their account balance, whichever is less, penalty-free.
  • Participants with unused 529 accounts that have been in existence for 15 years or longer, can transfer them to a Roth IRA in the name of the 529 beneficiaries.
2025:
  • Under 401(k) and 403(b) plans, those aged 60 through 63 will be able to contribute the greater of $10,000 or 150% of the regular catch-up amount that is in effect for 2024.
  • 401(k) and 403(b) plans established after December 29, 2022, will be required to automatically enroll eligible employees to contribute a minimum of 3% of their compensation. Contributions must increase by 1% annually up to at least 10%. Employees will need to be provided the opportunity to opt-out and take a withdrawal within 90 days of the first contribution.
  • Starting December 29, 2025, retirement plans allow annual distributions of up to $2,500 for qualified long-term care insurance contributions. These distributions will not be subject to the 10% withdrawal penalty.

What Employers Can Do Now

Overall, SECURE 2.0 will bring significant changes that make it easier for individuals to prepare for their retirement.  Some of these changes are optional. However, employers should speak with their plan administrators and legal advisors about what changes should be considered.

Other tips that may help:

  • Collaborate with plan administrators and other vendors to understand the provisions and when changes are necessary.
  • Educate employees on changes that impact them.

This is a partial list of all the provisions in SECURE 2.0. For more information on 2023 changes, visit our SECURE 2.0 FAQ page.

This blog is up to date as of April 2023 and has not been updated for changes in the law, administration or current events.

  • Tags:
  • Compliance
  • Retirement

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This information is intended to be educational. It is general in nature and should not be considered financial, legal or tax advice. Consult an attorney or a tax professional regarding your specific situation.

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