Sep 4, 2018
Saving for and spending in retirement is
difficult and not every employee has access through their employer. But it
might be about to get just a little bit easier and access may expand.
Last Friday, President Trump signed an executive order that
spurs the Department of Labor and the Department of Treasury to push forward
several bipartisan changes to how retirement plans operate.
Here are the big initiatives:
·
Review Required
Minimum Distribution (RMD) rules with an eyes towards starting them
later than age 70 ½ and/or reducing them once they start;
·
Consider the creation
of pooled Multiple Employer Plans, which would allow companies to
offer financial institutions’ 401(k) plans with participants pooled from
multiple unaffiliated employers, rather than asking employers to create their
own independent 401(k) plan from scratch; and
·
Review paperwork
and administrative requirementsfor employers’ workplace retirement plans
with the intent of lowering costs and spurring retirement plan adoption among
small and medium businesses.
No changes are certain, and the changes if
enacted would likely take months or years to go into effect. And it’s also
unclear what impact (if any) the executive order will have on pending
bipartisan retirement legislation in Congress.
First, A Review of Required Minimum
Distributions
There are many benefits of investing in a
401(k) or IRA, most especially the tax deferred growth of invested assets. But
among their drawbacks is that those over age 70 ½ are required to withdraw (and
incur taxes on those withdrawals) a certain amount of money each year even if
they don’t want or need that money. The age RMDs kick in hasn’t changed
since the 1980s when
average lifespans for 65 year olds were approximately 3 years shorter than they
are now. Based on that fact alone, altering RMD start ages to reflect this new
reality seems like a no-brainer.
It’s unclear how long RMDs would be pushed
out, if at all. The Department of Treasury could opt to push back the age at
which RMDs kick in, lower the percentage amount per year that has be withdrawn,
or enact a combination of the two.
How Will RMD Changes Impact Current And Future
Retirees?
Since no changes have actually been enacted,
it’s still unclear. It may mean that some people who have already started RMDs
but are under age 73-75 will be able to pause them. It may mean that anyone who
hasn’t already started RMDs may not have them start as early as expected. It
may mean that those well into retirement will soon have lower reduced RMD
requirements.
Next, Pooled Employer Plans
The order calls on the Labor Department to
consider allowing small businesses to jointly offer 401(k) plans across
unaffiliated entities via a mechanism known as open Multiple Employer Plans.
The practical impact should be to significantly reduce the cost and complexity
for an employer to start and maintain a 401(k) plan, which should increase the
number of employers offering 401(k)s, although participation will still be
voluntary.
Paperwork and Administrative Burden
The order will also call on the Labor and
Treasury departments to consider ways to reduce paperwork and administrative
burdens that might prevent businesses from offering retirement savings plans.
While there is some debate about how far this push should go and what the magnitude
of its effect on costs will be, there’s general agreement that some
streamlining is overdue.
Retirement Enhancement Savings Act (RESA)
The Executive Order has some significant
overlap with the Retirement Enhancement Savings Act
(RESA). RESA is more comprehensive than the Administration's
executive order.
According to PlanAdviser, RESA also
includes other proposals beyond RMD changes and pooled employer plans. Here are
some of those aspects of the bills:
·
Require[s] “lifetime
income estimates at least annually on participants’ retirement plan
statements;”
·
Establishes “a
fiduciary safe harbor for the selection of lifetime income providers for
retirement plans;”
·
Allows “more time for
participants who terminate with an outstanding loan to rollover the loan and
pay it off without it being a deemed distribution;”
·
Enacts “other
proposals that would affect nondiscrimination rules, the automatic enrollment
safe harbor default rate and the treatment of 403(b) custodial accounts upon
plan termination.”
Likelihood of These Proposed Changes Happening
The chances are high that the initiatives from
today’s executive order will go into effect, either through the passage of a
new law or by executive action alone. I don’t need to be the one to tell you
that there’s little common ground between Republicans and Democrats these days.
But the retirement initiatives in this Executive Order and in the RESA bill
represent one of the few pieces of common ground left inside the Beltway.
This doesn’t necessarily mean that RESA will
pass before the November elections. But it does mean that this increases
the chance of passage and that something could get done in relatively short
order. The bill’s leading Republican sponsor, Orrin Hatch, will be stepping
down in January 2019, further increasing the likelihood of near-term passage.
On the flip side, if RESA becomes entangled in a broader Republican-led tax
reform effort — dubbed Tax Reform 2.0— its passage any
time soon is far from secured.
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