AARP Hearing Center
Saving for the future is becoming easier, thanks in part to a major overhaul of federal policies governing retirement plans.
SECURE 2.0, enacted as part of the spending bill passed by Congress and signed by President Joe Biden in late 2022, includes 92 provisions related to 401(k)s, individual retirement accounts (IRAs) and other savings vehicles.
Building upon the foundation laid three years earlier by the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019, SECURE 2.0 “is one of the biggest changes to retirement laws in the last 30 years,” says Derek A. Miser, chief executive officer of Miser Wealth Partners in Knoxville, Tennessee.
Enacted with support from AARP, the key provisions of SECURE 2.0 aim to bolster Americans’ opportunities to save for retirement and to draw income from those funds later in life. Some are already in effect; more will be phased in over the next several years. Here are some of the ways the measure might have the most impact on your ability to save.
Changes in effect now
These provisions are in force as of Jan. 1, 2024.
Workplace emergency savings: In the third quarter of 2023, 2.3 percent of workers tapped retirement accounts to cover emergency expenses, up from 1.8 percent a year earlier, according to data from Fidelity Investments, one of the biggest plan providers. Along with shrinking your nest egg, these hardship withdrawals typically carry a 10 percent penalty tax on top of the regular income tax you owe on the money.
SECURE 2.0 may help workers avoid having to choose between immediate needs and future financial security by enabling employers to offer them self-funded emergency savings accounts. The provision only applies to emergency accounts directly linked to an employee’s retirement plan.
Starting in 2024, employers can automatically enroll qualifying workers (those who made less than $150,000 in 2023) in these rainy-day accounts and direct up to 3 percent of their salary into them. Employees can choose to opt out. The employer can set a cap of up to $2,500 for the emergency fund; contributions beyond that can be directed into the worker’s retirement account.
More penalty-free early withdrawals: The 10 percent penalty tax generally applies to early (pre-age 59½) withdrawals from retirement accounts. There are limited circumstances in which you can avoid the penalty. SECURE 2.0 added to the list, eliminating the extra tax on early withdrawals if:
- You are terminally ill.
- You take up to $22,000 for losses related to a federally declared disaster. Regular income taxes on such a withdrawal can be spread over three years. The rules are retroactive to cover disasters occurring on or after Jan. 26, 2021.
- You have “unforeseeable or immediate” financial needs due to a personal or family emergency. In this case, you can take up to $1,000 from a tax-deferred retirement account such as a traditional IRA or a 401(k) without paying the penalty.