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Secure in your 401(K)?

As is customary with our family, we had a (mandatory) New Year’s Day dinner celebration. It’s a wonderful time when the six of us (are forced to) share highlights and lowlights of the prior year and share our hopes and dreams for the year ahead. It went something like this,

Billy:           “Okay, welcome to the 2023 McCarthy Family New Year’s Dinner!

       First, I’d like to thank you all for…” [Interrupted by son #4]

#4:             “Hey dad, let me guess, you’re going to get in shape, eat better, and sleep more.

                     Please pass the meat.”  

I took the liberty of removing the distraction of food from son #4’s personal space and allowed him to listen to the rest of the family’s plans for 2023 unincumbered, that is, until I was over-ridden.  And while I might resemble his remarks, he left out at least one important component. The part where I learn from my mistakes.  

Over committing on resolutions isn’t uncommon and underperforming on them likely isn’t either. Missteps with your finances, however, can run the gamut from inconsequential to nearly catastrophic. Anybody relate?  Hopefully, you have more experience with the former. But life happens. We all make mistakes and sometimes they’re expensive. So what housekeeping tips would we offer for 2023 that may keep you from making costly decisions?  And what’s new for 2023 and beyond that you should be aware of?  Let’s start the year off with a little Retirement Account Housekeeping, shall we? (We’ll substitute Retirement Account with 401(k) for simplicity’s sake.)  

401(k) Housekeeping Tip #1:  

Max the Match.  If you’re currently participating in a retirement plan that has an employer matching contribution component, whereby they’ll match a percentage of your contribution up to a certain percentage of your compensation, I’d encourage you to capitalize on this benefit and max the match. Here’s how it works:  Maybe your employer matches 50% of your contribution up to 6% of your compensation. If you contribute 6% of your compensation, you’ll be maxing the match , as they say. By putting in 6% of your compensation into your 401(k), you’ll receive a 3% match from your employer (50% of 6% = 3%). There’s a technical term we use in the advisory world for that. It’s called:  free money [from the Latin freebieus cashus].  And if you’re maxing the match, that means you’ll be getting all the free money that’s available to you.  Check with your administrator today on what your plan may provide for.

The mistake to learn from:  Jack didn’t max the match and missed out on free money.

401(k) Housekeeping Tip #2:  

If your plan allows you to contribute a percentage or a fixed dollar amount, contribute a percentage. Why so?  Okay work with me:  Let’s say that throughout your career, you’ve made a good impression on the right folks and have found yourself making a good deal more money than when you started. And let’s say you chose to have a fixed dollar amount deposited each pay period. Anybody see the problem? (I’ll wait.) The amount you’re saving isn’t increasing along with your income is it?  No. The fixed dollar amount is – fixed.  You’re putting in the same dollar amount at with an income of $150,000 that you were putting in when you earned $50,000. Had you put in a percentage of your pay, your contributions would be increasing relative to your income. That means more money with more time in the market. And that’s not even considering an employer match. If you’re fortunate enough to have employer contributions being made on your behalf, maxing the match may allow for an even greater amount of savings. Use a percentage, not a fixed dollar amount.

The mistake to learn from:  Jack used a fixed dollar amount and missed out on increased retirement savings and the potential for additional compounding returns.

401(k) Housekeeping Tip #3:

If you have an old 401(k), 403(b) 457(b) or other employer sponsored retirement account, you may be able to transfer that account into your existing plan. Ask your plan administrator about your specific situation. You may even consider rolling that old balance into an IRA  to take advantage of different investment options and services. Sure, why not, right? What you don’t want to do, is leave it somewhere and forget about it.  I’m willing to venture that some of you have old retirement accounts out there, somewhere, and you’re unaware of the balance and of how it’s invested. Am I right? And of course, you don’t want to just “cash it out” without very careful consideration. While you may feast on an immediate influx of cash, you may also enjoy a side of premature distribution and the accompanying 10% penalty if you’re under 59.5. And any pre-tax distribution made will be added to your taxable income for the year in which it was taken.  Speak with your advisor or tax preparer about your particular situation if you’re considering a cash distribution.

The mistake to learn from: Jack didn’t do anything with his old account and eventually forgot he had one. Lots of potential for missed opportunity. 

401(k) Housekeeping Tip #4

Let’s talk about your beneficiary. Do you know who your beneficiary is for your 401(k)?  If you paused for even half a second, you need to check. Make sure you know who you’ve listed as the primary beneficiary of your 401(k).  Here’s why. The beneficiary designation on your 401(k) is the last will and testament for what one day, could be your single largest asset. And once you’re gone – as in dead – it’s too late to change it.  And that goes for insurance policies, too. So check your insurance policy beneficiaries while you’re at it. Go ahead. I’ll wait. It’s that important. Maybe even the most important aspect of your 401(k).

The mistake to learn from: Jack never checked his beneficiary after his divorce. Jack died. Jack’s ex-wife soon bought a new car…and a new garage to put it in…that came with a new house.

401(k) Housekeeping Tip #5: 

Be aware of changes that could affect your retirement. A new bill was signed into law at the end of last year that you should be familiar with. It’s the Secure Act 2.0. Yes, it does sound familiar, doesn’t it?  That’s because the first SECURE (Setting Every Community Up for Retirement Enhancement) Act was signed into law in 2019. Hence, the need for its clever surname – 2.0.  

While there are over 90 new retirement plan provisions, I’ll not cover them all. In fact, I’m just going to mention a few published online earlier this year by Investopedia, titled Secure Act 2.0 Act of 2022. Some will take effect in 2023, of course, while others not until 2024, 2025 and even 2033.

401(k) Auto Enroll

Beginning in 2025, Section 101 of the act requires employers to automatically enroll eligible employees into 401(k) or 403(b) plans with a minimum participation amount of 3% but no more than 10%. The percentage will increase 1% per year up to a minimum participation amount of 10% and a maximum of 15%. That said, employees will be able to opt out of the plan if they wish, or select a different contribution percentage. This auto-enroll requirement only applies to new plans in 2025 – not existing 401(k) plans. There are some businesses that are exempt from this provision. (Small businesses with 10 or fewer employees, new business (less than 3 years old), church and government plans.  (U.S. Senate, Committee on Finance. “SECURE 2.0 Act of 2022 Summary,” Page 1.)

RMD Age Change: Section 107 increases the RMD age from 72 to 73. This change takes effect on January 1, 2023. The RMD age will change again in 2033 to 75. (U.S. Senate, Committee on Finance. “SECURE 2.0 Act of 2022 Summary,” Page 2.)

Pre-Death RMD: Section 325 eliminates the pre-death RMD for the owner of a Roth-designated account in an employer 401(k) or other retirement plan. Under current law, required minimum distributions are not required to begin prior to the death of the owner of a Roth IRA, although pre-death distributions are required in the case of the owner of a Roth-designated account in an employer retirement plan. This provision takes effect for taxable years beginning after December 31, 2023. (U.S. Senate, Committee on Finance. “SECURE 2.0 Act of 2022 Summary,” Page 13.)

Catch-Up Contributions: Section 108 indexes the $1,000 catch-up contribution for savers age 50 and above to the IRS cost-of-living-adjustment (COLA). This provision is effective January of 2024 (U.S. Senate, Committee on Finance. “SECURE 2.0 Act of 2022 Summary,” Page 2.)

Catch-Up Contributions for those aged 60 to 63: Section 109 substantially increases catch-up limits for 401(k), 403(b), and 457 plan participants aged 60 to 63 to the greater of $10,000 or 150% of the “standard” catch-up amount for that year, beginning January, 2025.  (U.S. Senate, Committee on Finance. “SECURE 2.0 Act of 2022 Summary,” Page 2.)

Catch-Up Contributions for those making more than $145,000 per year: Section 603 requires that beginning in January of 2024, catch-up contributions to your plan must be made with Roth (after-tax) dollars. (U.S. Senate, Committee on Finance. “SECURE 2.0 Act of 2022 Summary,” Page 18.)

Other: The Act also has provisions for natural disasters, domestic abuse, a Roth emergency savings account, and even a once per year, penalty free withdrawal up to $1,000 for personal or family emergency expenses.

For more information on how these provisions may apply to you, contact your 401(k)-plan administrator.

The mistake to learn from:  Jack didn’t keep up with his benefits and missed out on opportunities to better his retirement.

One of the better quotes on mistakes comes from artist, Bob Ross, who said, “There are no mistakes, just happy accidents.” Sure, that may be true if you’re trying to paint a tree. And since Bob Ross isn’t your financial advisor, let’s go with this one, “Mistakes are much less painful when you learn from someone else having made them.”

Moral of the story when it comes to your retirement:  Don’t be a Jack.

To learn more about CapSouth Wealth Management visit our website at capsouthwm.com/what-we-do/ or Connect With Us to learn more about our process.

By: Billy McCarthy, Wealth Manager

CapSouth Partners, Inc, dba CapSouth Wealth Management, is an independent registered Investment Advisory firm. Information provided by sources deemed to be reliable. CapSouth does not guarantee the accuracy or completeness of the information. CapSouth does not offer tax, accounting or legal advice. Consult your tax or legal advisors for all issues that may have tax or legal consequences. This information has been prepared solely for informational purposes, is general in nature and is not intended as specific advice. Any performance data quoted represents past performance; past performance is no guarantee of future results. This article contains external links to third party content (content hosted on sites unaffiliated with CapSouth). CapSouth makes no representations whatsoever regarding any third party content/sites that may be accessible directly or indirectly from this article. Linking to these third party sites in no way implies an endorsement or affiliation of any kind between CapSouth and any third party, including legal authorization to use any trademark, trade name, logo, or copyrighted materials belonging to either entity.

Retirement Gets a Boost – 9 Key Takeaways on SECURE Act 2.0

The end of 2022 was wild! I watched my beloved Georgia Bulldogs squeak out a College Playoff semi-final win over Ohio State just as the clock struck midnight in an epic comeback that may have taken several years off my life.  It was a fantastic way for me to say goodbye to 2022 and hello to 2023.  The Bulldogs weren’t the only ones squeaking out wins in the final hours of 2022 though.  Congress finally came together to pass the much-anticipated SECURE Act 2.0 that had been rumored for the last year. 

A little rusty on SECURE Act 1.0? A lot of life has happened since it was passed including living in the midst of a pandemic!  At the end of 2019, The Setting Every Community Up for Retirement Enhancement Act of 2019, popularly known as the SECURE Act, was signed into law.  Now called SECURE Act 1.0, it included provisions that raised the requirement for mandatory distributions from retirement accounts and increased access to retirement accounts.

Two of the most notable provisions from SECURE Act 1.0 was the increase of the Required Minimum Distribution (RMD) age from 70 ½ to 72 and that many Inherited IRAs had to begin using the 10-year distribution rule.  While we’ve been busy updating financial and estate plans over the last few years, Congress has been increasingly focused on trying to enhance the original landmark bill that was enacted barely three years ago.

Tucked inside a just-passed 4,155-page, $1.7 trillion spending bill are plenty of goodies, including another overhaul of the nation’s retirement laws.

[[https://images.thinkadvisor.com/contrib/content/uploads/documents/415/479719/GA_SECURE-2.0-Act-of-2022_Section-by-Section-Summary-FINAL.pdf Dubbed SECURE Act 2.0]], the bill enjoys widespread bipartisan support and builds on SECURE Act 1.0 by strengthening the financial safety net by encouraging Americans to save for retirement.

Let’s review 9 key takeaways from SECURE Act 2.0.

9 key takeaways on SECURE Act 2.0

1.RMD Age will rise to 73 then 75.

As we reviewed earlier, 1.0 increased the age for taking the required minimum distribution, or RMD,to 72 years from 70½.  2.0 brings an increase again from 72 to 73 then to 75 by 2033.

If you turn 72 this year, the age required for taking your RMD rises to 73 with 2.0.If you turned 72 in 2022, you’ll remain on the prior schedule.

If you turn 72 in 2023, you may delay your RMD until 2024, when you turn 73. Or you may push back your first RMD to April 1, 2025. Just be aware that you will be required to take two RMDs in 2025, one no later than April 1 and the second no later than December 31.

Starting in 2033, the age for the RMD will rise to 75.

Employees enrolled in a Roth 401(k) won’t be required to take RMDs from their Roth 401(k). That begins in 2024.

The new rules recognize that Americans are living and working longer.

2. RMD penalty relief.

Beginning this year, the penalty for missing an RMD is reduced to 25% from 50%. And 2.0 goes one step further. If the RMD that was missed is taken in a timely manner and the IRA account holder files an updated tax return, the penalty is reduced to 10%.

But let’s be clear, while the penalty has been reduced, you’ll still pay a penalty for missing your RMD.

3. A shot in the arm for employer-sponsored plans.

Too many Americans do not have access to employer plans or simply don’t participate. Starting in 2025, companies that set up new 401(k) or 403(b) plans will be required to automatically enroll employees at a rate between 3% and 10% of their salary.

Automatic escalation will also be required for these new plans starting in 2025. Contribution percentages must automatically increase by one percent on the first day of each plan year following completion of a year of service until the contribution is at least 10 percent, but no more than 15 percent of eligible wages.

The new legislation also allows for automatic portability, which will encourage folks in low-balance plans to transfer their retirement account to a new employer-sponsored account rather than cash out.

To encourage employees to sign up, employers may offer gift cards or small cash payments. Think of it as a signing bonus. Employees may opt out of the employer-sponsored plan.

4. Increased 401(k) (and similar plans) catchup provisions.

In 2023, if you’re 50 or older and participating in a 401(k) plan, you’re allowed to make additional catch-up contributions to your retirement accounts. Currently, those catch-up contributions are limited to $7,500 for most workplace plans and $1,000 for Roth and traditional IRAs.

In 2025, 2.0 increases the catch-up provision for those between 60 and 63 from $7,500 in 2023 to $10,000, (the greater of $10,000 or 50% more than the regular catch-up amount).

Starting in 2024, Catch-up dollars are required to be made in Roth dollars if your wages are over $145,000.

5. Emergency Savings Accounts Linked to Retirement Plans.

Beginning in 2024, retirement plans may offer linked “emergency savings accounts” that permit non-highly compensated employees to make Roth (after-tax) contributions to a savings account within the retirement plan.   Employers must match contributions as if they were deferrals made to the employer plan (employer match goes into the retirement plan). Assets must be held in cash or similar investments. Participants must have monthly access to the funds and the first four distributions must be at no cost to the employee.  The distribution will be penalty [MB1] [AK2] free.

Upon termination of employment, any emergency savings account can be converted to another Roth account within the plan or can be distributed to the participant.

6. Disaster relief.

You may withdraw up to $22,000 penalty-free from an IRA or an employer-sponsored plan for federally declared disasters. Withdrawals can be repaid to the retirement account.

7. Help for survivors.

Victims of abuse may need funds for various reasons, including cash to extricate themselves from a difficult situation. 2.0 allows a victim of domestic violence to withdraw the lesser of 50% of an account or $10,000 penalty-free.

8. Student loan payments will qualify for 401(k) match.

Starting next year, employers are allowed to match student loan payments made by their employees. The employer’s match must be directed into a retirement account, but it is an added incentive to sock away funds for retirement. For those torn between whether they should pay down student loan debt or contribute to a 401(k) plan to receive the company match, this is a welcomed relief.

9. Rollover of 529 plans.

Starting in 2024 and subject to annual Roth contribution limits, assets in a 529 plan can be rolled into a Roth IRA, with a maximum lifetime limit of $35,000. The rollover must be in the name of the plan’s beneficiary. The 529 plan must be at least 15 years old.

In the past, families may have hesitated in fully funding 529s amid fears the plan could wind up being overfunded and withdrawals would be subject to a penalty. Though there is a $35,000 cap, the provision helps alleviate some of these concerns.

Whew!  That is a very highly level recap of 9 key takeaways of SECURE Act 2.0. Keep in mind that the bill is voluminous and had approximately 90 changes!

What Does it All Mean for You?

This bill reminds us that the only constant thing in life is change.  With so many changes over a variety of years, there is a great deal to keep up with in the coming years.  As with most bills, I anticipate we will see additional guidance on various provisions.  Some of the items are immediate while others will be implemented years down the road. 

If you are still working and have an employer sponsored retirement plan like a 401(k), pay close attention to the communication your employer provides. It will take some time for retirement plan Recordkeepers such as Empower, Principal and Fidelity to update their technology platforms to implement the provisions such as the Emergency Savings Accounts and the Student Loan Match.  The good news is that these provisions have been rumored for awhile and many of the key players in the retirement industry have been working diligently as they anticipated they would eventually become law.

For those of you that are transitioning to retirement soon, the catch-up provisions will be particularly important to you. It will vary by current age and timing of the law.

Finally, for retirees, the changes to RMD age may create additional planning opportunities as well as some relief if your RMD is not taken in a timely manner.

Regardless of your life stage, it’s more important than ever to be in close communication with your Financial Advisor. 

Final thoughts

With so many major changes, providing only 9 key takeaways for the Secure Act 2.0 may seem inadequate.  I promise that providing many more would be overwhelming – like trying to drink from a water hose.

The one thing I know for sure is that many Americans lack adequate savings, and the just-enacted bill helps address some of the challenges many Americans face as they march toward retirement.  It’s a step in the right direction and encouraging to see Congress working together to further help Americans retire with dignity.

We are always here to assist you, answer your questions, and tailor any advice to your needs. Additionally, feel free to reach out to your tax advisor with any tax-related questions.

by: Jennifer Fensley, CFP®, CRPS®

Sources: [[https://images.thinkadvisor.com/contrib/content/uploads/documents/415/479719/GA_SECURE-2.0-Act-of-2022_Section-by-Section-Summary-FINAL.pdf Secure Act 2.0 Act of 2022]]; [[https://www.fidelity.com/learning-center/personal-finance/secure-act-2 SECURE 2.0: Rethinking Rretirement Ssavings]]; [[https://www.schwab.com/learn/story/congress-passes-major-boost-to-retirement-savings Congress Passes Major Boost to Retirement Ssavings]]; [[https://www.wsj.com/articles/WP-WSJ-0000441889 The 401(k) and IRA Changes to Consider After Congress Revised Many Retirement Laws]]

CapSouth Partners, Inc, dba CapSouth Wealth Management, is an independent registered Investment Advisory firm. Information provided by sources deemed to be reliable. CapSouth does not guarantee the accuracy or completeness of the information. CapSouth does not offer tax, accounting or legal advice. Consult your tax or legal advisors for all issues that may have tax or legal consequences. This information has been prepared solely for informational purposes, is general in nature and is not intended as specific advice. Any performance data quoted represents past performance; past performance is no guarantee of future results. This article contains external links to third party content (content hosted on sites unaffiliated with CapSouth). CapSouth makes no representations whatsoever regarding any third party content/sites that may be accessible directly or indirectly from this article. Linking to these third party sites in no way implies an endorsement or affiliation of any kind between CapSouth and any third party, including legal authorization to use any trademark, trade name, logo, or copyrighted materials belonging to either entity.


RMDs are Back on Track for 2021

The year 2020 was one of the most eventful in recent times, and the changes to the rules that govern retirement accounts were no exception. One of those changes was the waiver of required minimum distributions (RMDs) for 2020. As a result of the waiver, you were not required to take RMDs from your IRA for 2020. But if you are of RMD age in 2021, you must resume RMDs for 2021 and continue for every year after. RMDs were waived for beneficiary IRAs as well and will need to resume in 2021 for certain beneficiaries. 

Reminder: RMDs do not apply to Roth IRA owners.  

RMDs- A Mild Refresher An RMD is a minimum amount that you must distribute (or withdraw) from your retirement account for any RMD year. You can always distribute more if you want to; however, a distribution of less than your RMD amount will result in you owing the IRS an excess accumulation penalty of 50% of the RMD shortfall. For example, if your RMD for 2021 is $20,000 and your 2021 IRA distributions total only $12,000, you will owe the IRS an excess accumulation penalty of $4,000 [($20,000 – $12,000) x 50%]. If you are required to take an RMD for 2021, your IRA custodian will send you an RMD notice by January 31, 2021. This will include your calculated RMD amount or an offer to calculate the amount upon request. This requirement does not apply to Beneficiary IRAs. 

New RMD Age- A Reminder:  The Setting Every Community Up for Retirement Enhancement (SECURE) Act, a new law passed in 2019, increased the RMD beginning age for IRA owners from age 70 ½ to age 72. As a result of this change, any IRA owner who reached age 70 ½ by December 31, 2019 – those born June 30, 1949, or earlier – must begin taking RMDs for the year he or she reaches age 70 ½ and continue for every year thereafter (except for 2020- where RMDs are waived). IRA owners who reach age 70 ½ after December 31, 2019, must begin RMDs for the year they reach age 72. 

Who Must Take RMDs for 2021 Whether you must take an RMD from your IRA for 2021 depends on factors that include whether it is your own IRA and your age in 2021, or if it is a beneficiary IRA, and if so, when the IRA was inherited. 

RMDs for Your own IRAs For 2021, For 2021, you must take an RMD from your own (non-beneficiary) IRA if you were 70 ½ or older on December 31, 2019, as you would have already started your RMDs and are required to continue. You would also be required to take an RMD for 2021 if you were born at any time in 1949 or earlier, as this means that you would be at least age 72 on December 31, 2021.  If you were born in 1950 and after, you would not be subject to RMDs for 2021 because you would not have reached age 70 ½ by December 31, 2019 and you would be under age 72 as of December 31, 2021.

RMDs For Your Beneficiary IRAs – Including Beneficiary Roth IRAs 

For beneficiary IRAs, whether you must take an RMD for 2021 depends on several factors, which starts with when you inherited the IRA. 

  1. If you inherited the IRA before 2020: If you inherited the IRA before 2020- including a Roth IRA, you must take an RMD for 2021 if: 
  • Your beneficiary IRA must be distributed within five years (the 5-year rule), and the IRA was inherited in 2015. This is because 2020 was not counted due to the RMD waiver, making 2021 year 5 of the 5-year period. 
  1. 2016 
  1. 2017 
  1. 2018 
  1. 2019 
  1. 2021 

Under the 5-year rule, distributions are optional until the end of the 5th year that follows the year the IRA owner died, at which time the entire account must be distributed.  

  • Your distributions are taken under the life-expectancy rule. Under this option, you must take a beneficiary RMD for every year that follows the year in which the IRA owner died (except for 2020).  

Please note: If you are the surviving spouse of the IRA owner, exceptions could apply. For example, if the IRA owner would have reached age 70 ½ after 2021, you would not need to start RMDs until the year your spouse would have reached age 70 ½. Also, the owner rules above would apply if the spouse beneficiary elects to move the assets to his or her own IRA. 

  1. If you inherited the IRA in 2020: If you inherited the IRA in 2020- including a Roth IRA, you must take an RMD for 2021 if you are an eligible designated beneficiary, and you are taking distributions over your life expectancy. You are an eligible designated beneficiary if:
  1. You are the surviving spouse of the IRA owner. But, the owner rules above apply if you elect to treat the IRA as your own, instead of electing the beneficiary IRA option. 
  1. You are disabled 
  1. You are chronically ill 
  1. You are a minor, as defined under state law 
  1. You are none of the above, but you are not more than 10-years younger than the IRA owner.  

In other cases, distributions for 2021 are optional.  

Spouse beneficiary caveat: If you are the surviving spouse of the IRA owner and you elect to keep the funds in a beneficiary IRA, you would not need to take RMDs for 2021, if your spouse would reach age 72 in a later year. 

Professional Assistance Helps To Avoid Penalties  

The rules explained above are complicated and professional assistance is often needed to ensure that any caveats are properly applied, thus avoiding the risk of IRS penalties. For instance, consider that your IRA custodian is permitted to make assumptions that could cause your RMD calculations to be incorrect. Therefore, even though your IRA custodian will calculate RMDs for your IRAs, it is still practical to have a professional review those calculations. 

Additionally, you might need to take RMDs from accounts under employer plans such as 401(k) and 403(b) plans. If you have assets under an employer plan, contact the plan administrator or your HR department regarding their RMD policies to determine if they will automatically distribute your RMDs or if you are required to submit RMD instructions. If you plan to roll over amounts from these accounts, contact us for help with ensuring that RMD amounts are not included in any rollover.  

Please do not hesitate to contact us with questions about this and any other matters related to your IRAs and employer plan accounts.  To learn more about CapSouth Wealth Management, visit our website at www.capsouthwm.com

CapSouth Partners, Inc., dba CapSouth Wealth Management, is an independent registered Investment Advisory firm.  CapSouth does not offer tax, accounting or legal advice. Consult your tax or legal advisors for all issues that may have tax or legal consequences.

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