New Retirement Bill Lowers Plan Participation Age to 18

News November 17, 2023 at 11:01 AM
Share & Print

New retirement legislation, the Helping Young Americans Save for Retirement Act, would lower the participation age for Employee Retirement Income Security Act-covered defined contribution plans to 18 years old under certain circumstances.

The bill was introduced by Sens. Bill Cassidy, R-La., ranking member of the Senate Health, Education, Labor and Pensions (HELP) Committee, and Tim Kaine, D-Va., a member of the Senate HELP Committee.

Covered plans would still be able to set a minimum age threshold up to 18 years old, according to the senators.

"Under current law, employers sponsoring 401(k)s and similar plans can exclude employees under age 21 from participating in the plan," Mark Iwry, a former senior advisor to the U.S. Secretary of the Treasury for national retirement and health care policy, told ThinkAdvisor Thursday in an email.

"This bill would take a step to broaden access to 401(k) saving by no longer allowing these plans to deny employees between ages 18 and 20 the ability to save some of their own wages through the plan," explained Iwry, a nonresident senior fellow at the Brookings Institution in Washington. "This is a positive step that would broaden access to 401(k) type saving for employees between age 18 and 20."

However, "the bill, as I read it, would also make it easier and less costly for employers to expand access in this way by not requiring them to offer these age 18 to 20 employees any employer matching contributions the plan might be making for older employees and by allowing plans to disregard the age 18 to 20 employees when complying with nondiscrimination standards and certain other worker protections," Iwry added.

"Plans can currently allow 18-to-20-year-old employees to participate, and many do, but without this bill's special waivers of employer contributions and relaxation or postponement of other worker protections," Iwry added.

Cassidy added in a statement that "Americans who decide to enter the workforce instead of going to college should have every opportunity available to save for retirement. This legislation increases those opportunities and empowers working Americans to plan for a secure retirement."

The bill, according to the senators, "also removes costly provisions that would otherwise make covering younger workers expensive."

Specifically, the senators said, "the bill delays ERISA provisions that require businesses to undergo mandatory audits if they allow employees under the age of 21 to start contributing to their pension."

The bill "also exempts 18- to 20-year-old employees from testing related to retirement funds that would otherwise increase the cost of administering retirement plans for these employees," the senators explained.

2021 report, according to the senators, showed that 40% of workplaces only offer benefits to employees who are 21 years or older.

"Employees between the ages of 18 and 21 are missing out on additional savings and three years of compound interest," the senators said.

LPL Financial applauded Cassidy and Kaine's bill for lowering the eligibility age from 21 to 18 for 401(k) and 403(b) plans, as well as minimizing the burdens on employers.

"We work with many small business owners, and we know how hard it can be for them to maintain a 401(k) plan," LPL told the senators. "Small businesses don't need new retirement plan burdens, and you structured the bill to make covering 18-year-old employees very simple."

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Related Stories

Resource Center