DOL Releases FAQ on Secure 2.0 Emergency Savings Accounts

News January 17, 2024 at 01:38 PM
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The Labor Department on Wednesday released frequently asked questions guidance on pension-linked emergency savings accounts as part of the Secure 2.0 Act.

Lisa Gomez, assistant secretary of Labor for the Employee Benefits Security Administration, said the savings accounts are designed to "enhance retirement security by reducing retirement plan leakage and, at the same time, offering additional flexibility to workers."

Secure 2.0 amended the Employee Retirement Income Security Act to authorize the accounts, which Labor described as "short-term savings accounts established and maintained as part of an individual's retirement savings plan, such as a 401(k) plan."

The department consulted with the Treasury Department and the Internal Revenue Service in developing the FAQs. Labor said that it's also considering additional guidance.

The IRS issued initial guidance on the accounts on Jan. 12, developed in consultation with Labor, to help employers implement PLESAs, which the agency said are Roth accounts.

"This means that contributions are not tax deductible, but withdrawals are generally tax free," the IRS explained. "Participants can withdraw funds held in the PLESA at least once a month, as necessary."

PLESAs, as the IRS explained, "are individual accounts in defined contribution plans and are designed to permit and encourage employees to save for financial emergencies."A

A Labor spokesperson told ThinkAdvisor Wednesday that EBSA's guidance "is complementary with the IRS Notice, but addresses a broader scope of topics" related to PLESAs.

EBSA's FAQ provides "broader guidance on a variety of questions and concerns that were raised by stakeholders, including representatives of employers interested in adopting" PLESAs, the spokesperson said.

Gomez said that the "plans can offer these accounts to workers as an additional option that provides them access to needed funds when emergency situations arise," such as emergency dental care, a broken refrigerator or automotive repairs, which can "force workers to tap into their retirement savings plans through loans and hardship withdrawals."

Labor's FAQ answers 20 questions on topics from eligibility and participation to contribution, distribution and withdrawal rules.

As Labor explains, "employers may automatically enroll their employees into PLESAs, make employee contributions to the PLESAs through payroll deductions and make matching employer contributions to the linked retirement plans."

Participating employees "can easily withdraw funds saved in their PLESA without the penalties of drawing from retirement savings. Employers may set a limit of up to $2,500 for contributions," Labor said.

The PLESA feature is available for plan years beginning after Dec. 31, 2023.

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