Wednesday, October 22, 2014

New IRS Rules Expand 401(k) and IRA Life Annuity Opportunuties

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The U.S. Department of the Treasury issued final rules relaxing the regulations for fixed-income vehicles as a life expectancy hedge.

Internal Revenue Service (IRS) says the final rules make longevity annuities more accessible to 401(k)s and individual retirement accounts (IRAs). The final rules ease minimum distribution requirements that have made it difficult for retirees to hold longevity annuity products without the possibility of jeopardizing the qualified status of their accounts.

“All Americans deserve security in their later years and need effective tools to make the most of their hard-earned savings,” says J. Mark Iwry, senior adviser to the Secretary of the Treasury and Deputy Assistant Secretary for Retirement and Health Policy.“Longevity income annuities can help Boomers plan for retirement and provide a regular stream of income for as long as they live.”

A longevity annuity is a type of deferred income annuity that begins payments at a later age, say 80 or 85. Once payments begin the income stream continues throughout the retiree's lifetime. The deferred income annuity can offer a solution for retirees who want to use part of their lump sum savings to protect against outliving their assets, and help them avoid the prospect of limiting too muich spending in retirement.

Treasury officials say the final rules make longevity annuities more available for retirement savers by changing required minimum distribution regulations so that longevity annuity payments will not need to begin prematurely in order to comply with those regulations.

Instead of having all of their account balance in annuities, retirees will be able to follow a combination strategy that uses some of their savings to purchase guaranteed income for life while maintaining other savings in other investments.

The final rules build upon the proposed rules, as follows:

A. Under the final rules, a 401(k), similar plan, or IRA custodian, may permit account holders to use up to 25% of their account balance or  $125,000, whichever is less, to purchase a qualifying longevity annuity without concern about noncompliance with the age 70½ minimum distribution requirements.

B. The dollar limit will be adjusted for cost-of-living increases more frequently than under the proposed rules (in $10,000 increments instead of the $25,000 increments).

C. Under the final rules, a longevity annuity in a plan or IRA can provide that, if the retiree dies before (or after) the age when the annuity begins, the premiums they paid but have not yet received as annuity payments, will be returned to their accounts. This option may be right for individuals seeking solace that if they die before receiving the annuity, their initial investment can go to their heirs.

D. The final rules permit individuals who mistakenly exceed the 25% or $125,000 limits on premium payments to correct the excess without disqualifying the annuity purchase.

E. The final rules ease the issuance of longevity annuity contracts by allowing alternatives such as a statement in an insurance certificate, rider, or endorsement relating to a contract.

The improved availability of longevity annuities in 401(k) plans and IRAs will ease access to a steady flow of guaranteed income throughout a retiree’s later years and help Americans improve their retirement security when they are most vulnerable to outliving their financial assets or facing lowered standards of living.


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