The SECURE ACT of 2022

Table of Contents

 

The SECURE Act of 2022 - Apply to Insurance Producers

1

SECURE 2.0 Act of 2022

6

Public Law 116-124

6

H.R. 1994 AN ACT

8

  SEC 1 Short Title, Etc.

8

 

 

Title I: Expanding Coverage and Increasing Retirement Savings

8

  SEC 101 Expanding automatic enrollment in retirement plans

9

  SEC 102 Increase In 10% Cap

15

  SEC 103 Rules Relating to Election

15

  SEC 104 Increase in Credit Limitation

17

  SEC 105 Small Employer Auto Enroll Credit

18

  SEC 45T Auto-Enroll Option

18

  SEC 106 Multiple employer 403(b) plans

19

  SEC 107 Repeal of Maximum Age for IRA

19

  SEC 108 Indexing IRA catch-up limit

20

  SEC 109 Higher catch-up limit to apply

20

  SEC 110 Treatment of student loan payments as elective deferrals for purposes of matching contributions

21

  SEC 111 Application of credit for small employer pension plan startup costs to employers which join an existing plan

21

  SEC 112 Qualified Cash or Deferred

21

  SEC 113 Penalty-Free Withdrawals

24

  SEC 114 Deferral of tax for certain sales of employer stock to employee stock ownership plan sponsored by S Corporation

27

  SEC 115 Withdrawals for certain emergency expenses

27

  SEC 116 Allow additional nonelective contributions to SIMPLE plans

27

  SEC 117 Contribution limit for SIMPLE plans

28

  SEC 118 Tax Treatment of nontrade or business SEP contributions

28

  SEC 119 Application of section 415 limit for certain employees of rural electric cooperatives

28

  SEC 120 Exemption for certain automatic portability transactions

28

  SEC 121 Starter 401(k) plans for employers with no retirement plan

29

  SEC 122 Assist States in locating owners of applicable savings bonds

29

  SEC 123 Certain securities treated as publicly traded in case of employee stock ownership plans

29

  SEC 124 Modification of age requirement for qualifies ABLE programs

30

  SEC 125 Improving coverage for part-time workers

30

SEC 126 Special rules for certain distributions from long-term qualifies tuition programs to Roth IRAs

30

SEC 127 Emergency savings accounts linked to individual account plans

31

SEC 128 Enhancement of 403(b) plans

32

 

 

Title II: Preservation of Income

32

  SEC 201 Remove required minimum distribution barriers of life annuities

32

  SEC 202 Qualifying longevity annuity contracts

33

  SEC 203 Insurance-dedicated exchange-traded funds

33

  SEC 204 Eliminating a penalty on partial annuitization

34

 

 

Title III: Simplification and Clarification of Retirement Plan Rules

34

   SEC 301 Recovery of retirement plan overpayments

34

   SEC 302 Reduction in excise tax on certain accumulations in qualified retirement plans

34

  SEC 303 Retirement savings lost and found

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  SEC 304 Updating dollar limit for mandatory distributions

35

  SEC 305 Expansion of Employee Plans Compliance Resolution System

35

  SEC 306 Eliminates the “first day of the month” requirement for governmental section 457(b) plans

36

  SEC 307 One-time election for qualified charitable distribution to split-interest entity; increase in qualified charitable distribution limitation

36

  SEC 308 Distribution to firefighters

36

  SEC 309 Exclusion of certain disability-related first responder treatment payments

36

  SEC 310 Application of top-heavy rules to defined contribution plans covering excludable employees

37

  SEC 311 Repayment of qualified birth or adoption distribution limited to Three years

37

  SEC 312 Employer may rely on employee certifying that deemed hardship distribution conditions are met

38

  SEC 313 Individual retirement plan statute of limitations for excise tax on excess contributions and certain accumulations

38

  SEC 314 Penalty-free withdrawal from retirement plans for individual case of domestic abuse

38

  SEC 315 Reform of family attribution rule

39

  SEC 316 Amendments to increase benefit accruals under plan for previous plan year allowed until employer tax return due date

39

  SEC 317 Retroactive first year elective deferrals for sole proprietors

39

  SEC 318 Performance benchmarks for asset allocation funds

39

  SEC 319 Review, and report to Congress relating to reporting and disclosure requirements

40

  SEC 320 Eliminating unnecessary plan requirements related to unenrolled participants

40

  SEC 321 Review of pension risk transfer interpretive bulletin

41

  SEC 322 Tax treatment of IRA involved in a prohibited transaction

41

  SEC 323 Clarification of substantially equal periodic payment rule

41

  SEC 324 Treasury guidance on rollovers

41

  SEC 325 Roth plan distribution rules

41

  SEC 326 Exception to penalty on early distributions from qualified plans for individuals with a terminal illness

42

  SEC 327 Surviving spouse election to be treated as employee

42

  SEC 328 Repeal of direct payment requirement on exclusion from gross income of distributions from governmental plans for health and long-term care insurance

42

  SEC 329 Modification of eligible age for exemption from early withdrawal penalty

42

  SEC 330 Exemption from early withdrawal penalty for certain state and local government corrections employees

42

  SEC 331 Special rules for use of retirement funds in connection with qualified federally declared disasters

43

  SEC 332 Employers allowed to replace SIMPLE retirement accounts with safe harbor 401(k) plans during a year

43

  SEC 333 Elimination of additional tax on corrective distributions of excess contributions

43

  SEC334 Long-term Care contracts purchased with retirement plan distributions

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  SEC 335 Corrections of mortality tables

44

  SEC 336 Report to Congress on section 402(f) notices

44

  SEC 337 Modification of required minimum distribution rules for special needs trust

44

  SEC 338 Requirement to provide paper statements in certain cases

44

  SEC 339 Recognition of tribal government domestic relations orders

45

  SEC 340 Defined contribution plan fee disclosure improvements

45

  SEC 341 Consolidation of defined contribution plan notices

45

  SEC 342 Information needed for Financial Options Risk Mitigation Act

45

  SEC 343 Defined benefit annual funding notices

45

  SEC 344 Report on pooled employer plans

46

  SEC 345 Annual audits for group of plans

46

  SEC 346 Worker Ownership, Readiness, and Knowledge (WORK) act

46

  SEC 347 Report by the Secretary of Labor on the impact of inflation on retirement savings

46

  SEC 348 Cash balance

46

  SEC 349 Termination of variable rate premium indexing

47

  SEC 350 Safe harbor for corrections of employee elective deferral failures

47

 

 

Title IV: Technical Amendments

47

Title V: Administrative Provisions

47

Title VI: Revenue Provisions

48

  SEC 601 SIMPLE and SEP Roth IRAs

48

  SEC 602 Hardship withdrawal rules for 403(b) plans

48

  SEC 603 Elective deferrals generally limited to regular contribution limit

48

  SEC 604 Optional treatment of employer matching or nonelective contributions as Roth contributions

48

  SEC 605 Charitable conservation easements

49

  SEC 606 Enhancing retiree health benefits in pension plans

49

 

 

Title VII Tax Court Retirement Provisions

49

  SEC 701 Provisions relating to judges of the Tax Course

49

  SEC 702 Provisions relating to special trial judges of the Tax Course

50

      Editor’s Observations

50

 

 

 

 

 

United Insurance Educators, Inc.

PO Box 1030

Eatonville, WA 98328

 

(253) 846-1155

 

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