
The SECURE Act has brought about significant changes to retirement rules, making it essential to understand the new landscape. The law aims to improve retirement security for Americans, particularly small business owners and their employees.
The SECURE Act eliminates the "stretch IRA" provision, which allowed beneficiaries to stretch out distributions over their lifetime. This change affects non-spousal beneficiaries, who will now be required to distribute inherited retirement accounts within 10 years.
With the SECURE Act, retirement plans can now allow long-term, part-time employees to participate in 401(k) plans after completing one year of service and 1,000 hours of work. This change benefits employees who may not have been eligible under previous rules.
The new law also increases the required minimum distribution (RMD) age from 70 1/2 to 72, giving older workers more time to enjoy their retirement savings.
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Key Provisions
The SECURE Act has made significant changes to retirement planning, and understanding these changes can help you make informed decisions about your own retirement savings. One key provision is the repeal of the age limitation for IRA contributions, allowing you to contribute to your IRA longer.
You can now contribute to your IRA past the age of 70½, which is a big deal for many people who are working well into their 70s. This change gives you more time to save for retirement.
The SECURE Act also changed the required minimum distribution (RMD) age from 70½ to 72 for those born July 1, 1949, or later. This means you'll have more time to grow your retirement funds before you need to start withdrawing from them.
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Provisions
The SECURE Act is a comprehensive piece of legislation aimed at making retirement planning more accessible and efficient. It repeals the age limitation for contributing to an IRA, allowing people to contribute to their IRA longer.
The act changes the required minimum distribution (RMD) age from 70½ to 72 for those born July 1, 1949, or later, giving people more time to grow their funds before withdrawing from their retirement account.
The SECURE Act also establishes a national database to help Americans track down lost or missing retirement accounts, making it easier to locate and consolidate retirement savings.
Here are some key changes to the SECURE Act:
- The 10 year rule prevents non-spouse heirs from extending distributions from inherited IRAs over their lifetime, giving them only 10 years to draw the account down.
- The SECURE Act allows people saving money in a tax-advantaged 529 plan to use up to $10,000 to pay off student loans.
- 529 plans can now also be used to pay for the fees, books, supplies, and equipment for apprenticeship programs.
Defined-Contribution Plan Changes
Under the SECURE 2.0 Act, employers with defined-contribution plans like 401(k)s will be required to automatically enroll eligible new employees in the plan.
New employees will be enrolled at a contribution rate of 3%, which is similar to how many 401(k) plans operate now.
The annual contribution level will automatically increase by 1% each year, capping out at 15% of employee pay unless the employee chooses a different contribution rate.
Employees can opt out of being enrolled in the plan if they don't want to participate.
This new rule is designed to boost 401(k) plan participation rates and help workers increase their retirement savings.
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Employer Impact
The SECURE Act has a significant impact on employers, making it easier and more cost-effective to offer retirement plans to their employees. One way it does this is by allowing unrelated small employers to join together to establish a shared 401(k) plan, known as a Multiple Employer Plan (MEP).
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This provision waives the previous requirement that MEPs be related in some way, such as through geography or industry. Small businesses can now pool resources and mitigate administrative expenses.
Employers who join a MEP are shielded from liability for potential misconduct perpetrated by other employers in the same plan. This provides an added layer of protection for small businesses.
The federal tax credit for defraying plan startup costs has been increased from $500 to up to $5,000. There's also an additional $500 tax credit for plans that automatically enroll new hires.
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Mandatory Auto-Enrollment in DC Plans
Mandatory auto-enrollment in defined contribution plans is a game-changer for employers. Under the SECURE 2.0 Act, employers that offer 401(k)s and similar plans would be required to enroll eligible new employees automatically.
The contribution rate would start at 3% of employee pay, similar to many existing 401(k) plans. Employees can opt not to be enrolled.
The annual contribution level would automatically increase by 1% each year, maxing out at 15% of employee pay unless employees choose a different rate. This means employees would see their savings grow over time without having to think about it.
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RMDs Suspended

The new law has temporarily suspended the requirements for required minimum distributions (RMD) for the 2020 tax year, which means you won't have to withdraw from your retirement accounts.
This is a big relief for many people who would have had to make withdrawals from their retirement accounts. Many of our donors use their RMD to make a gift from their IRA.
If you're 70½ or older, you can still make a gift from your IRA, even though the RMD suspension is in place.
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For Employers
The SECURE Act offers several benefits for employers looking to create or expand their retirement plans. Employers can now join together to establish a shared 401(k) plan, known as a Multiple Employer Plan (MEP), which helps small businesses pool resources and reduce administrative expenses.
This provision allows unrelated small employers to join forces, making it easier for them to establish a plan. Prior to the SECURE Act, MEPs required related employers, such as those in the same industry or geographic area.
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Employers who join a MEP are shielded from liability for potential misconduct perpetrated by other employers in the same plan. This protection gives employers peace of mind and reduces the risk of costly lawsuits.
The federal tax credit for defraying plan startup costs has increased from $500 to up to $5,000, providing a significant incentive for employers to create retirement plans. Additionally, there's an extra $500 tax credit for plans that automatically enroll new hires.
Employers must now cover long-term, part-time workers starting in 2021. These workers are defined as those at least 21 years old who have completed at least 500 hours of service each year for three consecutive years.
Employers who offer annuities as part of their defined-contribution retirement plans are protected from liability, even if the insurance company commits fraud or collapses, as long as they meet specific regulatory requirements.
Small employers who create a 401(k) or SIMPLE IRA plan with automatic enrollment may claim a maximum tax credit of $500 per year. If a multiple employer plan is set up with automatic enrollment, each eligible employer participating in the plan may claim a separate tax credit.
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Support
The SECURE Act received support from various groups, including the Society for Human Resource Management and the AARP. The CEO of AARP, Jo Ann Jenkins, praised the bill for reducing poverty risk among retirees and improving financial security.
Financial advisory firms like Northwestern Mutual and T. Rowe Price also backed the bill, citing its expansion of options for retirement saving and ease of participation in employer savings plans.
Some commentators support the proposal to limit "stretch IRAs", arguing it's a good source of revenue that will reduce intergenerational inequality by ensuring IRAs are used for their intended purpose of saving for retirement.
Financial Planning
Financial planning plays a crucial role in retirement savings, especially with the SECURE Act's changes. The new law eliminates the "stretch IRA" provision, which allowed beneficiaries to take distributions over their lifetime.
The SECURE Act requires most non-spousal beneficiaries to take distributions within 10 years, which can significantly impact financial planning. This change may require beneficiaries to take larger distributions, potentially leading to increased taxes.
To adapt to these changes, it's essential to review and update your financial plan, considering factors like income taxes, estate planning, and investment strategies.
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Why a Gift from Your IRA May Still Be a Good Idea
Paying taxes can be a significant burden, but did you know that you pay no income taxes on a gift from your IRA? This is a major perk, especially if you're not itemizing your deductions.
Making a gift from your IRA can also reduce your annual income level, which may help lower your Medicare premiums. This can be a substantial savings, especially if you're on a fixed income.
You might be wondering how this works. The transfer generates neither taxable income nor a tax deduction, so you benefit even if you don't itemize your deductions.
Fidelity Wealth Insights
As we navigate the world of financial planning, it's essential to understand the rules surrounding retirement accounts. The IRS requires a 5-year aging requirement to be satisfied for a distribution to be considered qualified, and you must be at least 59½ years old or meet one of several exemptions.
Managing taxes is a crucial aspect of financial planning, and Fidelity Wealth Management highlights its importance. You can invest for income, prepare for retirement, save for retirement, and live in retirement while keeping taxes in mind.
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If you turn 72 on or after January 1, 2023, the change in the RMDs age requirement from 72 to 73 applies to you. After reaching age 73, you'll need to withdraw an RMD annually from your tax-advantaged retirement accounts, excluding Roth IRAs and Roth accounts in employer retirement plan accounts starting in 2024.
To determine your RMD, consult with your tax advisor, as they can help you understand the impact of this change on future RMDs. Don't forget to consider the recently enacted legislation affecting defined contribution, defined benefit, and/or individual retirement plans and 529 plans.
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Act Overview
The SECURE Act is a 2019 law designed to help Americans save for retirement. It was part of a comprehensive spending and tax extension bill signed into law by President Donald Trump on December 20, 2019.
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The SECURE Act aims to improve retirement prospects for many American workers by making it easier for employers to offer tax-advantaged savings plans and for employees to participate in them. This is a significant change, as many workers have been struggling to save enough for retirement.
Here are some key provisions of the SECURE Act:
- Makes it easier for small businesses to offer 401(k) plans to their employees
- Allows retirement benefits to be extended to long-term, part-time employees
- Removes the maximum age limit for retirement contributions
- Raises the required minimum distribution (RMD) age to 72 from 70½ (later raised to 73)
- Allows penalty-free withdrawals of up to $5,000 from retirement plans for the birth or adoption of a child
- Relaxes rules on employers offering annuities through sponsored retirement plans
- Allows penalty-free withdrawals of up to $10,000 from 529 education savings plans for the repayment of certain student loans
The SECURE Act was designed to address Americans' difficulty in saving enough money for retirement, with one in five Americans having no retirement savings at all.
Analysis and Reaction
The SECURE Act has been a game-changer for retirement savings. The law's impact on inherited IRA rules is significant, with the age limit for required minimum distributions (RMDs) now set at 72, up from 70 1/2.
This change affects millions of Americans, especially those who inherited IRAs from their parents or grandparents. The new rules apply to anyone who inherited an IRA after December 31, 2019.
One of the most notable effects of the SECURE Act is the elimination of the "stretch IRA" strategy. In the past, beneficiaries could take RMDs over their lifetime, but now they must take the entire balance within 10 years.
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Analysis and Reaction

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Criticism
Criticism of the SECURE Act has been vocal, with some experts expressing concerns about its provisions. The provision making it easier for 401(k) plan administrators to offer annuities has been criticized as a "cave-in to the insurance lobby".
David Moon, a columnist, criticized this provision because it prohibits employees from suing employers if the 401k provider goes out of business or defrauds them. This lack of protection exposes the least sophisticated investors to the most expensive and complex financial products.
Critics also argue that the provision requiring 401k plan administrators to send annual income disclosures to plan participants is essentially an "annuity advertisement". This disclosure can be misleading and may not accurately reflect the actual income the participant would receive.
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Jon Ham, an adviser, argues that the provision requiring beneficiaries of inherited IRAs to draw down their accounts within 10 years undermines the purpose of the SECURE Act. This provision hurts long-term financial planning by requiring people to withdraw money over a shorter period.
Ed Slott, a financial planner, believes that this provision will not generate as much revenue as Congress hoped. Instead, it may discourage Americans from performing Roth conversions, which generate revenues.
The Joint Congressional Committee on Taxation released a report suggesting that the SECURE Act's impact on retirement savings would be relatively modest.
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Exceptions and Scenarios
You can stretch out your required minimum distributions (RMDs) if you're eligible, which can maximize the value of tax deferral. This is especially beneficial for spousal beneficiaries of retirement plans.
The SECURE 2.0 Act of December 2022 expanded the benefit for spousal beneficiaries, allowing them to elect to be treated as the original employee and use more advantageous RMD tables.
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To be eligible for stretching distributions, you must fall into one of the following categories:
- A minor child (not grandchild) of the original owner
- Someone who is not more than 10 years younger than the original owner
- Someone disabled or chronically ill (as defined under the applicable sections of the Internal Revenue Code)
The Exceptions
If you inherit an IRA or 401(k) from your spouse, you can stretch out your required minimum distributions (RMDs) over the course of your lifetime.
This benefit has been expanded by the SECURE 2.0 Act of December 2022, allowing spousal beneficiaries to elect to be treated as the original employee and use more advantageous RMD tables.
To qualify for this benefit, you must be a spousal beneficiary, which means your spouse was the original owner of the retirement plan.
You may also be able to stretch distributions if you fall into one of three other common types of eligible designated beneficiaries (EDBs):
- A minor child (not grandchild) of the original owner
- Someone who is not more than 10 years younger than the original owner
- Someone disabled or chronically ill (as defined under the applicable sections of the Internal Revenue Code)
Stretching distributions makes sense because it maximizes the value of tax deferral.
Scenarios to Consider
Exceptions to general rules can be complex and nuanced, like the scenario where a company has a blanket policy of paying employees on the last day of the month, but an employee's pay is affected by a seasonal bonus that is paid out in January.

Some exceptions may be unavoidable, such as when a business is required by law to pay employees on a specific date, regardless of their usual pay schedule.
Consider a scenario where an employee's regular pay date falls on a Sunday, but the company's policy is to pay employees on the preceding Friday.
In situations like this, it's essential to review company policies and procedures to ensure compliance with relevant laws and regulations.
The scenario of a company having a policy of paying employees on the last working day of the month, but an employee's pay is affected by a holiday that falls on that day, is another example of an exception to consider.
Exceptions to general rules can be unexpected and require careful consideration, like when an employee's pay is affected by a change in their work schedule that results in them working on a day that is not typically considered a workday.
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