New IRS Indexed Limits for 2023

WASHINGTON — The Internal Revenue Service has announced that employees in 401(k) and 403(b) plans will be able to contribute up to $22,500 next year. The IRS announced this and other changes in Notice 2022-55, posted on IRS.gov. This guidance provides cost‑of‑living adjustments affecting dollar limitations for pension plans and other retirement-related items for tax year 2023.

Highlights of Changes for 2023

The limit on contributions by employees who participate in 401(k), 403(b), most 457 plans, and the federal government’s Thrift Savings Plan changed to $22,500.

The catch-up contribution limit for employees aged 50 and over who participate in these plans increased from $6,500 to $7,500 for 2023.

The annual compensation limit for employees who participate in 401(k), 403(b), most 457 plans, and the federal government’s Thrift Savings Plan increased to $330,000 from the 2022 limit of $305,000.

The income ranges for determining eligibility to make deductible contributions to traditional Individual Retirement Arrangements (IRAs), to contribute to Roth IRAs and to claim the Saver’s Credit all increased for 2023.

Taxpayers can deduct contributions to a traditional IRA if they meet certain conditions. If during the year either the taxpayer or the taxpayer’s spouse was covered by a retirement plan at work, the deduction may be reduced, or phased out, until it is eliminated, depending on filing status and income. (If neither the taxpayer nor the spouse is covered by a retirement plan at work, the phase-outs of the deduction do not apply.) Here are the phase‑out ranges for 2023:

  • For single taxpayers covered by a workplace retirement plan, the phase-out range is increased to between $73,000 and $83,000, up from between $68,000 and $78,000.
  • For married couples filing jointly, if the spouse making the IRA contribution is covered by a workplace retirement plan, the phase-out range is increased to between $116,000 and $136,000, up from between $109,000 and $129,000.
  • For an IRA contributor who is not covered by a workplace retirement plan and is married to someone who is covered, the phase-out range is increased to between $218,000 and $228,000, up from between $204,000 and $214,000.
  • For a married individual filing a separate return who is covered by a workplace retirement plan, the phase-out range is not subject to an annual cost-of-living adjustment and remains between $0 and $10,000.

The income phase-out range for taxpayers making contributions to a Roth IRA is increased to between $138,000 and $153,000 for singles and heads of household, up from between $129,000 and $144,000. For married couples filing jointly, the income phase-out range is increased to between $218,000 and $228,000, up from between $204,000 and $214,000. The phase-out range for a married individual filing a separate return who makes contributions to a Roth IRA is not subject to an annual cost-of-living adjustment and remains between $0 and $10,000.

The income limit for the Saver’s Credit (also known as the Retirement Savings Contributions Credit) for low- and moderate-income workers is $73,000 for married couples filing jointly, up from $68,000; $54,750 for heads of household, up from $51,000; and $36,500 for singles and married individuals filing separately, up from $34,000.

Key employee contribution limits Increase for 2023

The limit on annual contributions to an IRA increased from $6,000 to $6,500. The additional catch-up contribution limit for individuals aged 50 and over is not subject to an annual cost-of-living adjustment and remains $1,000.

 

Partial Plan Terminations? Important Information For Plan Sponsors From Aegis Retirement Partners

With an increasing number of businesses currently being affected by the COVID-19 Pandemic, Plan Sponsors are facing new challenges. Many sponsors are taking unfortunate, but necessary steps to weather these events, such as suspending or reducing employer contributions, or laying off and furloughing employees. As a result, Partial Plan Terminations are becoming more common. If you are a Plan Sponsor who offers an employer contribution which is subject to a vesting schedule, there are important rules you should be aware of.

What is a Partial Plan Termination?

Though the Internal Revenue Code does not specifically define what constitutes a Partial Plan Termination, the Internal Revenue Service (IRS) will examine each case by the facts and circumstances looking for a significant reduction in the number of participants in the plan.

The two main factors that the IRS uses to make its determination are:

  • Percentage of reduction in participants
    • If the reduction is over 40%, it should be presumed that a partial plan termination has occurred.
    • If the reduction is less than 40%, but at least 20%, there is a rebuttable presumption that a partial plan termination has occurred. This determination has come down on both sides of the line.
    • If the reduction is less than 20%, there is a rebuttable presumption that a partial plan termination has not occurred.
  • Facts and Circumstances
    • Who is involved (vested and non-vested participants)?
    • Who initiated the terminations and what was the reason?
      • Even if an employee voluntarily terminated, they may still be counted toward the 20% benchmark if they did so with the belief they were going to be terminated.
    • What is the period of time?
    • Other significant facts or circumstances.

 

Consequences to a Partial Plan Termination

If your plan is deemed to have a Partial Plan Termination, all affected participants become immediately 100% vested in their funded benefits.

 

Why can this be an issue?

If an affected participant received a distribution from the plan prior to the determination, they may have been paid out with a portion of their employer contribution balance improperly forfeited.

These forfeited amounts, which may have been utilized to reduce employer contributions, or pay plan related expenses, are now due to the participant along with potential earnings assessed through the Employee Plans Compliance Resolution System (EPCRS).  See Fixing Common Plan Mistakes –  Vesting Errors in Defined Contribution Plans for more information.

What can be done to make sure this is handled the right way?

There are two widely accepted options:

  1. Immediately 100% vest all participants utilizing EPCRS for any participant affected with prior termination dates, and ensure that proper distributions are processed.
  2. Seek IRS determination. The IRS will review the relevant facts and circumstances to determine whether a partial plan termination has occurred. This involves filing the Form 5300, which also has a IRS filing fee, along with any preparation fees to your plan provider.

Are there any special changes or exemptions due to the COVID-19 Pandemic?

As of the date of this writing, there is no special relief due to COVID-19.

Many employers have asked whether rehiring all the participants who were laid off means a partial plan termination can be reversed. There are arguments for both sides of this issue. The conservative approach would be to fully vest participants, understanding the cost of doing so would be to forgo any forfeitures of non-vested employer contribution accounts, and follow EPCRS guidance if necessary.

Partial Plan Terminations can be very confusing, and the regulations surrounding them are vague.  Luckily, you are not alone. By engaging with your Third Party Administrator, Legal Counsel, and Tax Advisor, you can determine whether or not you have had a partial plan termination.  At Aegis Retirement Partners, we will work directly with our clients to ensure that whatever action is taken is appropriate in light of current legislation.

This document provides general information and shouldn’t be considered recommendations or legal advice.

For additional information, please visit the IRS website at https://www.irs.gov/retirement-plans/retirement-plan-faqs-regarding-partial-plan-termination.