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The SECURE Act 2.0

By Gary Webb. RFC

The SECURE Act of 2019 was initially drafted to assist in saving and investing for retirement. It added numerous provisions incentivizing retirement saving and planning as well as increasing accessibility to tax advantaged plans. On December 29th, 2022, the SECURE Act got it’s upgrade to 2.0. This upgraded piece of legislation further expands the benefits of the original, strengthening our ability to save, invest and expand access to tax leveraged vehicles!

Some of the highlights:

Required Minimum Distribution (RMD) age will increase to 73 for 2023: It will rise to 75, but not for a decade.

Savers Match introduced: The underutilized Saver’s Credit, which was intended to help lower income savers, has been overhauled and will be a government match paid directly to retirement accounts. It will not be effective until 2027.

IRA catch up indexed: Individuals who are age 50 or over can make an additional catch up contribution of $1,000. This amount will be indexed for inflation starting in 2024.

Super charged plan catch up contributions: Starting in 2025, individuals who are ages 60, 61, 62, and 63 will be eligible to make larger catch up contributions to their plans.

More “Rothification”: The trend toward “Rothification” continues as Congress seeks immediate tax revenue. SEP and SIMPLE plans can allow Roth contributions beginning in 2023. Further, all plan catch-up contributions for age 50-or-over higher income employees must be Roth contributions, starting in 2024. finally, beginning immediately, plans can allow employer matching contributions to be made on a Roth (after-tax) basis.

New exceptions to the 10% early distribution penalty: While retirement accounts are supposed to be for retirement, Congress recognizes that things can happen, and funds may need to be tapped early. SECURE 2.0 creates some new
exceptions to the 10% early distribution penalty. Among these are disaster relief, domestic abuse, terminal illness and emergency needs. Some of these are effective right away, but others don’t kick in until down the road.

Higher SIMPLE contributions: Beginning in 2024, higher salary deferrals to SIMPLE IRAs will be allowed as well as additional non-elective contributions.

Rollovers from 529 plans to Roth IRAs: In response to concerns that unused funds could be trapped in a 529 plan, Congress is allowing 529 plan funds to be rolled over to Roth IRAs. The limit is $35,000 and the 529 plan must be open for more than 15 years. This becomes effective in 2024.

Expanded QLACs: The 25% of assets limit is repealed, and up to $200,000 can be used from an account balance to purchase a QLAC. 


Penalty for missed RMDs reduced: The hefty 50% penalty for missed RMDs is reduced to 25%. If the missed RMDs are corrected in a timely manner, the penalty is further reduced to 10%.

EPCRS for IRAs: The IRS self-correction program, called the Employee Plans
Compliance Resolution System (EPCRS), will be expanded to include inadvertent IRA errors.

Expanded QCDs: A 0ne-time, $50,000 qualified charitable distribution (QCD) to a charitable gift annuity, charitable remainder unitrust, or charitable remainder annuity trust is permitted. The QCD limit of $100,000 will be indexed for inflation beginning in 2024.

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