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When your SIMPLE-IRA no longer fits, maybe it’s time for a 401(k) plan…and November 2 is almost here

By Jerry Kalish on October 22, 2023
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Kids will outgrow their clothes. Sometimes that happens with retirement plans.

If you have a SIMPLE IRA, it may have fit in the beginning. But if you want to change to a 401(k) plan in 2024, you need to take action by November 2. That’s the date that employers must provide notice to their employees that 2023 will be the last year for the SIMPLE IRA, and that it will be replaced by a 401(k) plan in 2024.

But keep reading because a new tax law which providres for a mid-year replacement is discussed later.

Reasons to Change

A SIMPLE IRA is relatively easy and inexpensive to administer. 401(k) plans, on the other hande, are more complicated and expensive but have features that businesses (and business owners) can take advantage of. 401(k) plans can:

  • Provide larger tax-deductible contributions.
  • Favor owners and highly compensated employees.
  • Require more employment service to be eligible to participate.
  • Provide a graded vesting schedule.
  • Allow for plan loans.
  • Provide better creditor protection.
  • Be able to buy tax-deductible life insurance.

Extended Deadline

As mentioned above, the November 2 deadline has been extended. Starting in 2024, the new SECURE 2.0 tax law allows an employer to replace a SIMPLE IRA mid-year with a safe harbor 401(k) plan. The 401(k)-replacement plan must be effective as of the termination date of the SIMPLE IRA. There are two planning considerations to the new law:

401(k) Deferral Limit. Employees would be restricted to an aggregate elective deferral limit including catch-up contributions during the replacement year. The limit is based on the number of days covered in each plan.

Rollovers/Transfers. The tax rules regarding a rollover or transfer from a SIMPLE to another qualified retirement plan have stayed the same. In general, an employee cannot transfer money tax-free to a 401(k) plan during the 2-year period beginning when the employee first participated in the SIMPLE. The 2-year period begins on the first day on which the employer deposits contributions in the employee’s SIMPLE.

The Right Answer

There isn’t one. Just like the visual metaphor used for this blog post, it’s whatever fits best.

Jerry Kalish

Jerry Kalish is President of National Benefit Services, Inc., retirement plan consultants and administrators, which he founded in 1978 when 401(k) was enacted into law.

He is a member of the Great Lakes Area TE/GE Council, a 501(c)(3) organization whose members are benefit…

Jerry Kalish is President of National Benefit Services, Inc., retirement plan consultants and administrators, which he founded in 1978 when 401(k) was enacted into law.

He is a member of the Great Lakes Area TE/GE Council, a 501(c)(3) organization whose members are benefit practitioners who meet regularly with the Internal Revenue Service and the Department of Labor on ERISA matters.

Jerry provides continuing education programs for attorneys, CPAs, and the financial services industry and has co-taught the course on non-ERISA retirement plans, 403(b) plans, and 457 plans at John Marshall School of Law LLM Program in Employee Benefits.

He is on the International Advisory Board of The Center on Business and Poverty, a non-profit organization that supports businesses and non-profits that embody the practice of participatory capitalism.

Read more about Jerry KalishEmailJerry's Twitter Profile
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  • Posted in:
    Tax
  • Blog:
    The Retirement Plan Blog
  • Organization:
    National Benefit Services, Inc.
  • Article: View Original Source

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