Automatic Enrollment
While there are several proposed changes, one change that impacts
employers the most, is that employers that are not currently offering a plan would
be required to offer an IRA or 401(k), with an auto-enrollment feature. This
rule is currently proposed for employers with 10 or more employees, and
employerswould also be eligible to receive up to a $4,500 tax credit for the
cost of starting one.
If you are a business that currently sponsors a 401(K) Plan, SEP or SIMPLE IRA, then
your plan will continue to operate as it has going forward, but there are
likely changes coming down the road if these rules are enacted. The silver
lining is that employers with existing plans could get a $1,500 tax credit for
adding auto-enrollment features, but the current language doesn’t seem to
require they be added to existing plans in the current proposal.
Including Part Time
Employees
One of the largest proposed changes that could impact
current businesses with 401(K) Plans
is the proposed change to include employees who have worked at least 500 hours
in a year, for three consecutive years. Current regulations allow for employees
to be excluded from participation if they never work 1,000 hours in a given
year. While the rules will likely be a phased in, or have a grace period for
enacting them, it would be wise for current plans to look at their current plan
design, if the rules are enacted. Many plans are currently designed with these current
rules in mind, so plans that have been able to pass discrimination tests in the
past, could face new problems if these employees are brought into the plan only
to opt out of contributing, or only do so at lower rates.
What to Do Now?
The next key item to point out is that while these tax
incentives are enticing, the important thing to do is, monitor the situation,
and wait to see if these proposals to become law. While these provisions seemed
widely supported in congress, many others did not. This means the proposed Retirement Plan rules could be dragged into the larger fight with
the more polarizing proposals. Unfortunately, this means that if you were
looking at adding an automatic enrollment feature to you plan in the beginning
of 2015, you are faced with a tough decision of whether to move forward, or to
wait for possible tax advantages. There is always a chance that the proposal
goes through for the 2015 tax year, but if the proposal get delayed as a result
of some of the more politically decisive issues, then you could miss out on
these tax savings if the proposals are delayed till 2016. Of course, if you
wait, there is just as much chance that the proposals never get enacted, and
you delayed the auto-enrollment needlessly, further delaying time employees
could be building towards retirement.
While these are currently only proposed rules, many of them
are jointly supported as a way to better prepare our nation for retirement. There
are many other more controversial proposals from the speech with the
opportunity to derail the proposals around retirement plans. As always, make
sure you are working with a retirement plan professional so they can help apply
current and prosed changes to your specific situation.