Legislation & Secure 2.0

Employers adopting new 403(b), or 401(k) plans are now required to include an auto-enrollment feature that sets participants up to contribute 3% of their total compensation toward retirement each year. These contributions will automatically increase by 1% per year to a maximum of 10%.

Employees still retain the right to opt out, though very few workers actually do. Existing plans will be grandfathered, except for those established on or after 12/29/2022. These ones will need to update their provisions to ensure they align with requirements.

Non-exempt 401(k) plans established by December 29, 2022, must include automatic enrollment by December 1, 2025. There are a few exceptions to this, including if a business has 10 or fewer employees and/or has been operating for less than three years.

The original SECURE Act required long-term, part-time workers to be eligible for retirement plan participation if they have worked 500+ hours per year over the last three plan years, starting in 2021. Secure 2.0 goes one step further, shortening the period from three to two years, beginning in 2025.

Previously, Americans aged 72 and older had begun taking distributions from their retirement plans. This age increased from 70.5 under the original SECURE Act, starting in 2020. However, over a quarter of seniors ages 65-74 and 6.6% of those age 75 and older are still participating in the workforce.

But now, under Secure 2.0, Americans may delay taking distributions in the following ways:

– For individuals who reach age 72 after December 31, 2022, and reach age 73 before January 1, 2033, they must start taking distributions at age 73

– For individuals who reach age 74 after December 31, 2032, they must start taking distributions at age 75

Additionally, certain plan objectives aim to simplify administration and reduce total plan costs. Under the new proposal, certain disclosure requirements are eased. Excise taxes for failure to make RMDs are reduced from 50% to 25%.

Many people want to contribute more as retirement draws near. Participants in 401(k) and 403(b) plans can make additional catch-up contributions starting at age 50. This helps late starters save quicker, above and beyond the annual limit.

Beginning in 2025, plan participants will have the option to increase catch-up contributions from the current $7,500 (indexed annually) to 150% of the annual catch-up limit per year for those ages 62, 63, and 64. At age 65, the $7,500 allowance returns. These figures may be adjusted for cost-of-living increases.

Effective January 1, 2026, participants with over $145,000 in income will only have the option to contribute their catch-up as Roth – meaning that plan participants pay taxes on them now, but pay no taxes at withdrawal time.

Effective immediately upon adoption, plan sponsors may offer employees the option to put their matching contributions into Roth accounts.

While the original SECURE Act made it easier for small business employers offering 401(k)s to band together in a single plan, Secure 2.0 makes 403(b) plans eligible to participate in Multiple Employer Plans (MEPs). Professional service providers take over the administrative burden, rather than individual employers.

The Retirement Savings Contributions Credit (Saver’s Credit) gives low and middle-income individuals a tax credit worth up to $1,000 for making eligible contributions to an employer-sponsored retirement plan or IRA. Secure 2.0 raises the rate of the credit to 50% of what is contributed and increases the maximum credit to $2,000. It’s important to note that there will be a phase-out that’s income-based and will impact this.

For small business retirement plans with 50 or fewer participants, a tax credit worth 100% of the employer’s administrative expenses (to a maximum of $5,000) for the first three years is available. This is changed from the previous tax credit of 50% of the administrative costs (also capped at $5,000).

A brand-new tax credit for enterprises with 50 or fewer workers allows them to receive up to 100% of the amount they contribute on each employee’s behalf – capped at $1,000 per person. Businesses with 51-100 employees would receive a tax credit worth 100% of their contributions per employee in the first and second years, 75% in the third year, 50% in the fourth year, and 25% in the fifth year.

The $500/year auto-enrollment tax credit still applies for the first three years of a new plan as well.

Within three years of the enactment of Secure 2.0, the Labor, Treasury, and Commerce departments will coordinate a publicly searchable database for lost participant benefits. This repository of last resort for lost, uncashed retirement distribution checks could help people locate missing money they’d lost or forgotten about when changing jobs.

Secure 2.0 has increased the cap on mandatory distributions from $5,000 to $7,000. Under current rules, beneficiaries with accounts worth over $5,000 must consent to a distribution – either through a direct rollover to another account or a cash check. If the value is worth more than $1,000 and consent is not given, the benefit must be transferred to an IRA or other investment vehicle as designated by the plan administrator. With Secure 2.0, the information to locate smaller balances would be transferred to the Office of the Retirement Savings Lost and Found if a non-responsive participant cannot be reached to accept the distribution.