Regulatory and Legislative

IRA / SEP / SIMPLE Key Priorities

Please note: These provisions may be prioritized differently based on your individual business needs.

KEY PRIORITIES – APPLICABLE IN 2023 Bill Provision Section
Increase in age for required beginning date 107
Remove required minimum distribution barriers for life annuities 201
Reduction in excise tax for missed RMD 302
Modification of required minimum distribution rules for special needs trusts 337
One-time election for qualified charitable distribution to split-interest entity: increase in qualified charitable distribution limitation 307
Repayment of qualified birth or adoption distributions 311
Individual retirement plan statute of limitations for excise tax on excess contributions and certain accumulations 313
Elimination of additional tax on corrective distributions of excess contributions 333
Tax treatment of IRA involved in a prohibited transaction 322
Penalty exception for distributions to individuals with a terminal illness 326
Special rules for use of retirement funds in connection with qualified federally declared disasters 331
Modification of credit for small employer pension plan startup costs 102
Tax treatment of certain nontrade or business SEP contributions 118
Allow SIMPLE and SEP Roth IRA contributions 601

 

“Applicable in 2023” includes those provisions with effective dates stated as plan years beginning after date of enactment or after December 31, 2022; taxable years beginning after date of enactment or after December 31, 2022; or on or after the date of enactment; and any retroactive effective dates.

 

KEY PRIORITIES – APPLICABLE IN 2024  Bill Provision Section
Indexing IRA catch-up limit 108
Emergency savings withdrawals from plans 115
Penalty free withdrawals for individuals in case of domestic abuse 314
Clarification of substantially equal periodic payment rule 323
529-to-Roth IRA rollovers 126
Additional non-elective contributions to SIMPLE plans 116
Increase in deferral and catch-up contribution limit for SIMPLE plans 117
Replacing SIMPLE retirement accounts with safe harbor 401(k) plans during a year 332

 

“Applicable in 2024” includes those provisions with effective dates stated as plan years beginning after December 31, 2023, or taxable years beginning after December 31, 2023.

 

KEY PRIORITIES – APPLICABLE IN 2025 AND LATER Bill Provision Section
Higher catch-up contribution limit to apply at ages 60 through 63 109
Saver’s match contributions 103
Expansion of Employee Plans Compliance Resolution System (EPCRS) 305
Treasury guidance on rollovers 324
Plan amendments for SECURE 2.0 501

 

“Applicable in 2025 and later” includes those provisions with effective dates stated as “plan years beginning after December 31, 2024, or taxable years beginning after December 31, 2025.

For a more complete list of SECURE 2.0 provisions, please review the Congressional Summary, released by the Senate Finance Committee on December 19, 2022.

Click here for a printable version.