401(k) Law Changes

The budget bill that the U.S. Senate passed today contains seven changes to the tax laws related to retirement savings programs. The U.S. House is expected to approve the U.S. Senate changes later today and send the bill to the President for signature which is expected.

1. Automatic Enrollment

Starting in 2025, most businesses would be required to automatically enroll employees in 401(k) plans. Employees would contribute 3 to 10 percent of their wages. Each year, the contribution would increase by 1 percent until it reaches at least 10 percent, though not more than 15 percent.

Businesses with 10 or fewer employees and businesses that have been open for less than three years would be exempt, along with church and government plans.

2. Saver's Match

For workers earning less than $71,000 per year, the federal government would provide a 50 percent match up to $2,000 in employee cash contributions, meaning the government would provide a maximum of $1,000. That cash would be deposited directly into the retirement accounts. Under current law, the matching program is a tax credit — but that doesn’t help lower-earning workers who don’t owe taxes.

3. Emergency Expense Withdrawals

Early withdrawals from a 401(k) typically come with a 10 percent tax. Under the new proposal, a person would be able to make one penalty-free withdrawal for unexpected or immediate expenses arising from family or personal needs. One withdrawal of up to $1,000 would be allowed per year if the amount was repaid. If it was not, another withdrawal could not be made for three years.

The restrictions would be in place to prevent abuses such as someone putting money into their retirement account to receive matches and immediately withdrawing money[.]

4. Emergency Savings

The proposed changes would give employers the option of offering their lower-paid employees a savings account linked to their long-term retirement plans. Employers could also automatically opt employees into the savings accounts, contributing no more than 3 percent of the employee’s salary. The account would be capped at $2,500, and additional money would be routed into the retirement account.

5. Part-Time Worker Eligibility.

Current law says that part-time employees can have a 401(k) plan if they work with their employer for one year with 1,000 hours of service, or three consecutive years with at least 500 hours of service annually. The new law would reduce that three-year period to two years for eligibility.

6. Mandatory Distributions.

Under current law, people with 401(k) plans must take out money from their accounts starting at 72, to ensure people use the money rather than pass it down through their estates. The new proposal would increase that mandatory age to 73 starting in 2023 and then 75 starting in 2033.

7. Student Loan Matching.

Under the proposed law, employers could choose to make contributions to retirement accounts based on an employee’s student loan payments.