Congress is halfway to passing legislation that would be a big win for small business owners thinking of offering retirement plans to their employees, with the House passing the Setting Every Community Up for Retirement Enhancement (SECURE) Act by 417 to 3 in May. The SECURE Act has a number of provisions centered around improving the nation’s retirement system, but small businesses in particular stand to benefit in many ways. Most notably, it would:
In addition to tax credits and reduced costs, the SECURE Act allows unrelated small businesses to get together in an “open” 401(k) multiple employer plan (MEP), which could also reduce costs and administrative responsibilities. Currently, only so-called “closed” MEPs are permissible, which require employers participating in it to have some kind of connection between them, such as membership in the same industry or an established trade association. Each business bears liability in the event any employer in the plan fails to comply with legal or regulatory requirements. “Open” MEPs eliminate those rules.
The SECURE Act would also increase plan flexibility, which is a big benefit for small plan sponsors. First off, it would permit employers to add a safe harbor feature to their existing 401(k) plans even after the plan year has started, as long as they make at least a 4% of pay contribution to employees instead of the regular 3%. Second, it would extend the period of time for companies to adopt new plans beyond the end of the year to the due date for filing the company tax return.
There are other benefits that focus on helping employees save more for retirement. For example, it’s been proven that automatic enrollment and automatic escalation features encourage long-term savings, and the SECURE Act permits safe harbor 401(k) plans to increase the auto enrollment cap from 10% to 15% of an employee’s paycheck. And since employees are working and living longer, the bill also benefits older workers by letting them continue to contribute to their plan until age 72, up from the current age of 70 ½.
Lastly, the SECURE Act would provide penalty-free withdrawals from retirement plans of up to $5,000 within a year of the birth or adoption of a child to cover associated expenses.
The SECURE Act’s companion bill, the Retirement Enhancement Savings Act (RESA), is now moving forward through the Senate. RESA includes many of these same beneficial provisions and also has bi-partisan support. Many industry experts expect a compromise version of the two bills to become law before the end of 2019, making it the perfect time for small businesses to take action. If an employer wants to offer a safe harbor plan, plan documents need to be signed by late summer to meet the October deadline for distributing legally required notices to start in January and take advantage of the full tax benefits for the year.
[Editor’s Note: To learn more about this and related topics, you may want to attend the following webinar: Investing Basics 2018. ]
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Allison Brecher is general counsel at Vestwell, a fintech startup innovating the retirement plan market. She brings over 15 years of legal and regulatory experience to Vestwell, having handled high profile and complex litigation involving employee benefits, ERISA, regulatory matters, data privacy, and electronic discovery. Previously, Allison was Senior Assistant General Counsel and Director of…
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