The SECURE Act 2.0 passed into law in December 2022 calls for several updates to plan operations. Due to the comprehensive nature of the legislation, many updates are set to phase in over five years. Provisions effective in 2024 include introducing Starter 401k plans, student loan matching payments, deferral failure corrections, and introducing a new emergency savings account (PLESA). These accounts are limited to $2,500 in annual contributions and the first four withdrawals are tax-free. While regulations guiding all new provisions have yet to be issued, the IRS recently released Notice 2024-22 which provides important details on PLESA anti-abuse rules. To help clients, prospects, and others, Wilson Lewis has provided a summary of the key details below.
These are short-term savings accounts established and maintained within a defined contribution plan. Employees who are not highly compensated are permitted to make ROTH contributions and can withdraw funds for various emergency purposes. This is an attractive option for many because there are no tax penalties ordinarily associated with early withdrawals from a retirement account. If an employer offers this plan type, participation is permitted regardless of whether an employee participates in the retirement plan.
The Notice includes anti-abuse rules to prevent the manipulation of matching contributions.
Some businesses may find these broad rules sufficient to counteract bad actors. However, employers offering a PLESA may implement additional limitations to the frequency or amount of matching contributions. The prime concern is preventing participants from taking distributions that maximize matching contributions while maintaining a low account balance. A plan sponsor can decide to implement additional procedures, but only those specifically designed to prevent rule manipulation.
Reasonable procedures are those that balance the participant’s interest with those designed to prevent manipulation. However, a plan sponsor may implement additional procedures to further deter such activity. Rather than providing specific examples of reasonable procedures that can be implemented, the guidance provides examples of procedures that are considered unreasonable. These include:
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Emergency savings accounts are an important option for participants facing difficult challenges or circumstances. Yet there is a potential for abuse specifically as it relates to matching contributions. The details outlined above provide basic guidance on preventing such activities along with additional rule-making guidance. If you have questions about the information outlined above or need assistance with your next 401k plan audit, Wilson Lewis can help. For additional information call 770-476-1004 or click here to contact us. We look forward to speaking with you soon.
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