Six Key Retirement Changes of the Secure Act By: Carol Schmidlin

Six Key Retirement Changes of the Secure Act

By Carol Schmidlin

The Setting Every Community Up for Retirement (SECURE) Enhancement Act was signed into law by President Trump on December 20, 2019. This is the most extensive retirement act since the Pension Protection Act of 2006.

Here are the six notable key retirement changes that are effective January 1, 2020:

  1. Eliminates the age limit for making traditional IRA contributions. Under the old law, IRA contributions could no longer be made starting the year an individual turned age 70 ½.

Opportunities:

  • Back-Door Roth IRA benefit – This is a way for people with income that is too high to qualify for a Roth IRA contribution – to contribute to an IRA and then convert IRA to a Roth IRA. Prior to this law change, the year an IRA owner turned age 70 ½, they were not eligible to contribute to an IRA. Beginning January 1, 2020 people over age 70 ½ with income too high to qualify for a Roth IRA contribution can now contribute to an IRA, and then convert to a Roth IRA.
  • Expands the ability to do a spousal IRA contribution (for a non-working spouse) for spouses who are over age 70 ½, doubling the contribution for a couple.

Notes:

  • While the age limit for making traditional IRA contributions is eliminated, earned income is still required to make an IRA, Roth IRA or spousal IRA contribution.
  • IRAs are prorated to determine the taxable amount of the conversion. Example: John is 71 and wants to take advantage of the Back-Door Roth IRA. He contributes $7,000 to an IRA and then converts it to a new Roth IRA. Meanwhile, John has $500,000 in a pre-tax IRA. The pro-rata rules apply, so John’s IRA balance is $507,000 ($500,000 + $7,000 = $507,000), making 1.4% of the $7,000 conversion tax-free and 98.6% taxable.
  • Increases the RMD age from age 70 ½ to age 72 for all retirement accounts subject to Required Minimum Distributions (RMDs). This applies to individuals that have not attained age 70 ½ by December 31, 2019.

Opportunities:

  • Allows more time to do Roth conversions before RMDs begin. This can be very compelling for those who want to shift some of their taxable assets to tax-advantaged assets.
  • For Americans living longer, this may help their savings last throughout their retirement years. “A theoretical $500,000 portfolio, earning 5 percent annually, would have $33,500 more at age 89 if the RMDs started at age 72,” CNBC reported.
  • This provision does not change the age at which an individual can make a Qualified Charitable Distribution (QCD) from their IRA, which remains at age 70 ½. This creates a 1-2 year window where IRA distributions may qualify as charitable distribution, but not as RMDs, therefore reducing your income by the amount of your donation up to $100,000 per year.

Notes:

  • Participants no longer employed by the federal government will continue to be required to take RMDs from a Roth TSP. RMDs are not required from Roth individual retirement accounts (IRAs), which may be an incentive for some older plan participants to roll over Roth 401(k) funds into a Roth IRA.
  • Once RMDs begin, those RMDs cannot be converted to a Roth IRA.
  • Allows penalty-free withdrawals for birth or adoption, but the distribution is still taxable. Under the old law, there was no exception from the 10% early withdrawal if under age 59 ½.

Opportunities:

  • This exception applies to any distribution from the retirement account within one year from the date of birth or adoption.
  • Repayments to the plan are allowed and can be repaid (re-contributed back to the retirement account). The repayment will be treated as an eligible rollover.

Notes:

  • The limit is $5,000 lifetime distribution, not per year.
  • Applies only to children age 18, or physically or mentally disabled and incapable of self-support
  • My personal note is that retirement accounts should be used for your retirement and should only be touched as a last resort for any use, except for your retirement.
  • Eliminates the “Stretch IRA” by mandating inherited IRAs, for non-spouse beneficiaries, be withdrawn and taxes paid within 10 years. Exceptions are made for (1) surviving spouse, (2) minor children (not grandchildren) up to age of majority or age 26 if student, (3) disabled individuals, subject to IRS tax code, and (4) chronically ill, based on the tax rules for Long-Term Care Services, and beneficiaries not more than 10 years younger than the IRA owner, for example a sibling close in age will be able to stretch the IRA.

Notes:

  • This provision is not retroactive, so will not affect those who have inherited an IRA in 2019 or prior years. It applies to those who inherit on January 1, 2020 and after.
  • There are many people that name a trust the beneficiary of their retirement accounts. As long as the trust qualifies as a “see through trust,” the inherited IRA could be stretched over the oldest beneficiary’s lifetime, possibly for decades. The SECURE Act no longer allows that since the only minimum distribution is the end of tenth year – 100% of the account would come out and be taxed at that point. All inherited funds would be release to the beneficiaries, abolishing what the account owner wanted.

Critical Action Item:

  • If you have named a trust as your retirement account (IRA, 401k, etc.) as your beneficiary, you should review immediately and probably revise the trust or get rid of it altogether.
  • Encourages employer-based plans to offer annuities in their plan by providing liability protection for offering annuities. The provision provides a safe harbor for employer liability protection. The employer is still required to do due diligence as a fiduciary when selecting the insurance company and the annuity option. The employer is not required to select the lowest cost contract.

Note:

  • There are many annuities that offer lifetime benefits and still allow you the flexibility to take additional withdrawals if needed, as well as pass any remaining balance to your loved ones.
  • Allows Taxable non-tuition fellowship and stipend payments to be treated as compensation to qualify for an IRA or Roth IRA contribution.

There is a lot of information to understand and planning opportunities to consider.

Here are 5 Solutions and Opportunities to Consider:

  1. Re-Evaluate Beneficiaries
  2. Spousal rollovers can be more valuable for tax deferral
  3. If you listed a trust as a beneficiary, review immediately
  4. Tax Bracket Management
  5. Maximize low tax brackets
  6. Qualified Charitable Distributions if you are charity inclined
  7. Examine Roth Conversions
  8. Current lower rates under the Tax Cuts and Jobs Act are scheduled to sunset after 2025
  9. Is paying the tax worth it if the Roth can only last for 10 years after death?
  10. Life Insurance as an estate and tax planning vehicle
  11. Can replace all the benefits of a stretch IRA and IRA trusts
  12. Less tax for beneficiaries
  13. Avoid Trust Tax Rates by All Means
  14. Highest trust tax rate at present is 37% for income over $12,950

To request the complete white paper, 5 Solutions and Opportunities to Consider, click here.

Securities offered through J.W. Cole Financial, Inc. (JWC) Member FINRA/SIPC

Advisory services offered through J.W. Cole Advisors, Inc. (JWCA)

Franklin Planning and JWC/JWCA are unaffiliated firms.

Franklin Planning takes no responsibility for the current accuracy of this information

TEN QCD RULES FOR 2020 YOU NEED TO KNOW

If you are charitably inclined and have an IRA, you might want to consider doing a Qualified Charitable Distribution (QCD) for 2020. In addition to the gift you are making to the charity, there are considerable tax advantages.

Here are ten QCD rules you need to know.

1. Must be Age 70 ½

IRA owners who are age 70½ and over are eligible to do a QCD. This is more complicated than it might sound. A QCD is only allowed if the distribution is made on or after the date you actually attain age 70 ½. It is not sufficient that you will turn 70 ½ later in the year.  

2. Beneficiaries Can Do QCDs

QCDs are not limited to IRA owners. An IRA beneficiary may also do a QCD. All the same rules apply, including the requirement that the beneficiary must be age 70 ½ or older at the time the QCD is done.

3. Eligible Retirement Accounts

You may take QCDs from your taxable IRAs funds. QCDs are also permitted from SEP and SIMPLE IRAs that are not ongoing. An ongoing SEP and SIMPLE plan is defined as one where an employer contribution is made for the plan year ending with or within the IRA owner’s tax year in which the charitable contributions would be made. QCDs are not available from an employer plan.

4. $100,000 Annual Limit

QCDs are capped at $100,000 per person, per year. For a married couple where each spouse has their own IRA, each spouse can contribute up to $100,000 from their own account.


5. RMD Can Be Satisfied

A QCD can satisfy your required minimum distribution (RMD) for the year. A QCD can exceed the RMD amount for the year, and still be tax-free, as long as it does not exceed the $100,000 annual limit.

6. Only Taxable Amounts

QCDs apply only to taxable amounts. No basis (nondeductible IRA contributions or after-tax rollover funds) can be transferred to charity as a QCD. QCDs are an exception to the pro-rata rule which usually applies to IRA distributions.

7. Direct Transfer is a Must

If you want to do a QCD, you must make a direct IRA transfer from the IRA to the charity. If a check that is payable to a charity is sent to you for delivery to the charity, it will qualify as a direct payment.

8. Charitable Contribution Requirements

A QCD can only be made to a charity which is eligible to receive tax-deductible charitable contributions under IRS rules. The QCD rules are not available for gifts made to grant-making foundations, donor advised funds or charitable gift annuities. The contribution to the charity would have had to be entirely deductible if it were not made from an IRA. A taxpayer does not have to itemize deductions, but the gift to the charity still has to meet all of the deductibility rules.

9. Charitable Substantiation Requirements Apply

You should have documentation to substantiate the donation (something in writing from the charity showing the date and amount of the contribution).

10. Reporting on the Tax Return

The IRA custodian will not be separately reporting the QCD. There is no code or box on the 1099-R to identify the QCD. It will be up to you to let the IRS know about the contribution by including certain information on your tax return.

Copyright © [2019], Ed Slott and Company, LLC Reprinted from The Slott Report, [November 19, 2019], with permission. [https://www.irahelp.com/slottreport/ten-qcd-rules-2019-you-need-know] Ed Slott and Company, LLC takes no responsibility for the current accuracy of this article.

Securities offered through J.W. Cole Financial, Inc. (JWC) Member FINRA/SIPC.  Advisory Services offered through J.W. Cole Advisors (JWCA).FedSavvy Educational Solutions and JWC/JWCA are unaffiliated entities. Securities are not FDIC insured or guaranteed and may lose value.  Investments are not guaranteed and you can lose money.  This presentation is for educational purposes only and is not an offer to buy or sell an investment. Neither FedSavvy Educational Solutions nor JWC/JWCA is tax or legal advisors and this information should not be considered tax or legal advice.  Consult with a tax and/or legal advisor for s

One of The Biggest Risks in Retirement is the potential for a market correction while you are drawing income from your retirement accounts.

There are many risks in retirement, but, with today’s market valuation, one of the biggest risks is the potential for a market correction while you are drawing income from your retirement accounts.

Academically, this risk is defined as sequence of returns risk; but, most people have no idea this is lurking around the bend as they enter retirement. To help illustrate this risk to pre-retirees and retirees, we developed a simple tool called The Money Cycle.

EXPLAINING THE MONEY CYCLE

The Money Cycle is something that we all go through during our lifetime, and there are three phases: accumulation, preservation, and distribution.

The accumulation phase starts early in life. When we are accumulating assets, we are typically willing to take more risk with this money because we have a long-time horizon. Let’s face it, we’re working and will be working for a long time, if we have losses, we have time to make it back. Or, if the market crashes, we can wait for it to come back because we have a long-time horizon before we enter the second phase—the preservation phase.

In the preservation phase, we start preserving some of the assets that we’ve accumulated throughout our lifetime as we get closer to our retirement goals. Now there’s less time to make mistakes with your money or experience major volatility because you’re going to need this money sooner rather than later. This step prepares us for the third and final stage: distribution.

The distribution phase is for both distribution to us in retirement and to our family upon our passing. This is when you begin to draw from what you’ve accumulated and preserved and start taking an income from your savings and investments.

A mistake people make is going directly from the accumulation phase into distribution. They continue to invest as if they are preparing for retirement a long way out, when they are already retired or about to retire. The problem with this is that if you’re taking distributions when the market has big corrections, as it always does, you’re essentially forced to sell your investments for income when the market is down. You can never make that money back and you could deplete your savings much faster as a result. This is how you run the risk of running out of money later in life.

As retirement advisors educating our clients of this risk, it is important to remind people that two of the ten worst one-day drops in the history of the stock market are still painfully fresh in most investors’ minds. Even though the market recovered to blissful highs, we are still seeing large amounts of volatility within the stock market each day. Consumer sentiment seems to be one of nervousness, and this should encourage people to start putting measures in place to protect their retirement.

As advisors, our job is to help protect our clients from market uncertainty and the tendency to make poor financial decisions based upon emotion.

In today’s economic environment, there are three major dangers that could derail your retirement: market risk, interest rate risk, and sequence of returns risk. Working with an advisor that has a clear understanding and ability to navigate these risks for their clients will help bring more peace of mind to those they serve.

The Biggest Risks: What Makes Investors Vulnerable?

First, let’s quickly define the three major dangers investors face in today’s volatile marketplace.

MARKET RISK

The stock market may be peaking right now, but 2-3% + market swings in either direction are becoming more prevalent. The last decade incurred major volatility in the form of corrections and outright landslides. Historic graphs tell us that investors who can afford to wait out drops in the market still prosper. What about the rest?

The danger with market risk is highest for clients who need to tap into their investable assets for income. This can happen in three ways:

  • Anticipated income needs: A certain amount of money each year to afford living expenses.
  • Unexpected income needs: Money to pay for unexpected expenses that are greater than what is available in their liquid accounts or emergency reserves.
  • Forced income: This includes required minimum distributions for those who are 70.5 or older.

When someone is forced to sell a portion of their assets for any of the above reasons while the market is down, it eliminates the ability to “ride out” the short-term volatility and recapture their losses as markets recover. As advisors, we help our clients stay the course and eliminate bad behavior like selling due to emotional panic as markets are correcting, and ensure that a portion of their money they may need to access sooner rather than later is not subject to market risk.

INTEREST RATE RISK

Investors typically flee to bonds as a haven in an uncertain stock market. However, most experts think interest rates have dropped to just about as low as they can get. There is evidence to believe that this trend will reverse soon and we will enter a generally rising interest rate environment. Typically, bond prices decline as interest rates rise. If interest rates begin to rise, and investors need to cash out their bonds or bond funds for planned income to cover an unexpected expense, or due to it being forced income for required minimum distributions, they find themselves having to sell at a lower price. This again creates a risk for clients who may need to access this money sooner rather than later.

SEQUENCE OF RETURNS RISK

Sequence of returns risk describes risks associated with the timing of your investment returns in relation to the timing of withdrawing money. This happens due to a combination of market risk, interest rate risk, and a client’s own need to access their investment accounts.

To illustrate, consider two investments that produce the same average rate of return over an investment cycle. A client puts exactly the same amount of money in each investment and needs to withdraw the same yearly income from each one. Even though the two investments produce the same average return over a period of years, the timing of when they experience those returns differs. It is this sequence of returns that creates the risk. To keep it simple, we’ll call our examples investment A and investment B:

  • Investment A experienced a couple years of negative returns early in the cycle followed by positive returns for the remaining years of the cycle.
  • Investment B experienced positive returns early in the cycle followed by a couple years of negative returns at the end of the cycle.
  • If the investor hadn’t needed the money for income, the end result would have been the same account balance, as illustrated below.

During Savings

During Savings with the Money Cycle

Now, let’s take a look at how the sequence of returns can impact an account balance while taking withdrawals. Using the same sequence of returns we used in the During Savings example, let’s assume the client is withdrawing the same fixed income of $6,000 per year from these two investments. Remember, each investment experiences the same average return over 10 years, but the difference between Investment A and Investment B is that investment A had losses early in the cycle while investment B had losses late in their cycle.

During Withdrawal

During Withdrawal

As you can see, since Investment A experienced negative returns in the early years, while the client was also withdrawing their fixed income during that time. They were never able to recoup those losses and severely depleted their account balance as a result. Example B had positive gains during the early years, so there was no adverse effect of withdrawing their fixed income. At the end of the 10-year period, when the two investments averaged the same 10-year return, investment A would leave an investor with the risk of depleting their account to zero and running out of money, while Investment B has a healthy account balance.

This example illustrates the catastrophic impact that the timing of a client’s returns, i.e. sequence of returns risk, can have on their account value for money they may need to access sooner rather than later.

Where is the Market Now?

Today, the market has hit one of those euphoric high points that makes most financial advisors look good and leaves clients satisfied. However, market graphs of the past decades demonstrate that these peaks are at the top of large cliffs.

Historical Opening Market Prices

Nobody can really say that they know what the market will do in the next year or decade. Even though it’s fair to predict that the market will keep cycling up over longer periods of time, clients need to be prepared for some days, weeks, months or even years in the abyss.

The problem is most acute for clients who may not be able to wait out a correction because they need money immediately. These clients depend upon their investments for immediate retirement income or have an urgent need to tap into their investments for an emergency. Because of an expected or unexpected need for income or even a sense of panic as markets are volatile, clients could make poor choices.

How Bad Decisions Impact Returns

Even clients who don’t absolutely need to access their money soon can panic during a downturn and make poor decisions. Markets generally correct; however, clients who see their assets shrink overnight might hit the panic button and sell to cash at the worst possible time. They might sell their investments at a low point and turn a temporary downturn into a permanent catastrophic loss. A critical part of an advisor’s job is to offer their clients a strategy to avoid that panic. To do that, advisors need to understand these stated risks and how to mitigate them.

Bonds

According to an Edward Jones survey,  about two-thirds of bond investors surveyed have no idea how rising interest rates impact bond rates. During volatile economic times, investors may follow the conventional wisdom and invest in bonds. General lack of awareness on how changes in interest rates impact bond values means that interest rate poses a danger to bondholders in the not so distant future.

Historical Bond Market Returns

If we look at the historical average annual return of bonds, we can see that bonds have done well in a generally decreasing interest rate environment such as the one we just lived through between 1983-2013. The average return of the Ibbotson/Morningstar Long-Term Government Bond Index from 1983 – 2013 was 10.74%.
If we examine the same historical returns of the Ibbotson/Morningstar Long-Term Government Bond Index during the last generally rising interest rate environment, which lasted from 1953 – 1981, we can see that the average annual return was only 2.48%.

Bond Market Rates

Investors need to ask themselves if they believe interest rates will continue to fall or stay low. The general consensus is we will be more likely to experience a rising interest rate environment. The risk with bonds is that rising interest rates will decrease bond value.

Facing the Storm: Understanding Investor Risks

Looking at historical performance, it’s easy to pause and draw certain conclusions:

  • Market volatility: Over time, equities tend to trend upward. In the short term, there are no guarantees and markets are inherently volatile.
  • Interest rate uncertainty: Bond prices tend to decrease when interest rates rise and tend to increase when interest rates fall. We seem to be at a historically low period for interest rates with expectations they may increase in the near future.
  • Vulnerable investors: Because of emotion (freak-out risk), imperfect planning, and possibly a need for money sooner, rather than later, average investors don’t perform as well as any major asset type does on its own.
  • Income needs: Sequence of return risk is particularly hazardous for investors who may need to draw some or part of their money out or will be forced to draw due to required minimum distributions.

The Causes of Sequence of Returns Risk

Again, sequence of returns risk describes situations that are associated with poor timing of returns when withdrawing from investments. While there are some risks outside of an investor’s control, proper planning can potentially eliminate the damages most of these risks can cause. Consider the three biggest instigators that might force people to draw their assets out at a poor time:

  • Anticipated income needs: People preparing to retire should plan on drawing out assets as income for their living expenses. Planning for retirement income is often the core of financial planning.
  • Unexpected income needs: Planning for unanticipated income requirements is more difficult than planning for expected living expenses. However, it’s fair to say that any good advisor should build this circumstance into their financial plans.
  • Forced income: At 70.5, seniors will be required to take forced annual minimum distributions from their pre-tax retirement accounts. These are often one of the most sizeable and reoccurring distributions for retirees, and yet usually the most overlooked in financial planning.

Sequence of Return Savings vs. Withdrawals

Many clients mention yearly returns and average returns over time periods as important indicators of successful investing. That’s not enough information to have when clients depend upon their investment for income. Once again, the critical thing to understand is that two investments could have the same average performance over a certain span of time; however, the sequence of gains and losses can be very different, causing drastic variances in the ending account values.

With any risky investment, the timing of withdrawals can have as large of an impact on a portfolio’s ending value as the amount of money initially invested in it. In many cases, this timing cannot be controlled.

The point is, most people who are saving for retirement, college educations, and unexpected income needs cannot afford to wait for a good time to withdraw their money.

Addressing Sequence of Returns Risk: Work With a Proactive Qualified Retirement Advisor

The good news is that there is a way to help mitigate the potential risks outlined in this paper: market risk, interest rate risk, and, ultimately, sequence of returns risk. If you work with an advisor at Alison Wealth Management to properly build a plan using the resources, tools, and concepts mentioned above, you will help mitigate many of the risks mentioned above so that you can live a worry-free retirement.

With the New Rules in Place, Will TSP Now Expand Investment Options? By: Carol Schmidlin

Finally, after many years of disgruntled TSP participants facing severe limitations to accessing their retirement funds, the TSP Modernization went into effect September 15, 2019. If you are not yet familiar with the changes below is a summary:

After separation of service:

·         You can take multiple partial withdrawals, not to exceed one every 30 days

·         You can take partial withdrawals and installment payments simultaneously

·         You have the option to take monthly, quarterly and annual installment payments

·         You can start, stop, or make changes to your installment payments at any time

·         You have the option to choose the source of withdrawal payments, including traditional, Roth or both

Before separation and age 59 ½ or older:

·         You can make up to four age-based in-service withdrawals

·         You have the option to choose the source of withdrawal payments, including traditional, Roth or both

Before separation hardship withdrawals:

·         There is no longer a 6-month suspension of contributions if a participant takes a hardship withdrawal.

With just two weeks in, I have heard a few obstacles from TSP participants and wanted to share them.

Obstacle #1: Complete withdrawal request online

TSP Participants need to go online to request a partial withdrawal and make changes to installment payments. While that may sound simple to most, it can pose problems for those whom don’t have a computer and a printer. Although you are told to go online to process the request, you still need to print and sign the forms.

Obstacle #2: Notarization of Signature(s)

The forms needed to submit a withdrawal request are:

·         TSP-75, Age Bases In-Service Withdrawal Request

·         TSP-95, Changes to Installment Payments

·         TSP-99, Withdrawal Request for Separated and Beneficiary Participants

These forms require TSP participant and if applicable spouse, to sign the form in front of a notary every time that you want to do a withdrawal or change request. This may create a problem if you are not close to an institution with a notary, or if you or your spouse is home-bound. Regardless, it is just a hassle!

While the TSP Modernization Act has expanded withdrawal options, they have not addressed the dissatisfaction participants have among withdrawal options. TSP has only 5 basic funds with four of them (F fund, C fund, S fund and I fund) linked to an index. The G fund is invested in short-term treasuries, specially issued to the TSP. Principal and interest is guaranteed by the U.S. Government. In addition, the G fund can be affected when the statutory debt limit is reached.

Earlier law allowed for an investment window, that would allow investors to put some of their TSP in an outside mutual fund. This would include the opportunity to have funds in other sectors of the economy such as healthcare, energy, real estate, emerging markets, high yield fixed income and others.

There have been several bills introduced in Congress that would necessitate TSP to offer certain kinds of specialized funds, or to restrict investments in current funds so that investors do not sponsor certain activities. Unfortunately, TSP has signaled that they would oppose such bills.

Securities offered through J.W. Cole Financial, Inc. (JWC) Member FINRA/SIPC.  Advisory Services offered through J.W. Cole Advisors (JWCA).FedSavvy Educational Solutions and JWC/JWCA are unaffiliated entities. Securities are not FDIC insured or guaranteed and may lose value.  Investments are not guaranteed and you can lose money.  This presentation is for educational purposes only and is not an offer to buy or sell an investment. Neither FedSavvy Educational Solutions nor JWC/JWCA is tax or legal advisors and this information should not be considered tax or legal advice.  Consult with a tax and/or legal advisor for such issues.