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Ed Slott: Your Clients Have a Big 401(k) Rollover Problem

News May 28, 2024 at 10:02 AM
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What You Need To Know

  • The tax code requires plans to give participants a 402(f) Notice when they separate from service.
  • However, while the notice is supposed to explain distribution options, it has been widely criticized for not being clear enough, Slott said.
  • Secure 2.0 required that the GAO look at the effectiveness of the 402(f) Notice.
headshot of IRA expert Ed Slott

A new report by the Government Accountability Office — and the Labor Department's new fiduciary rule — underscore the importance of advisors helping their clients understand the tax consequences of rollover options, according to Ed Slott of Ed Slott and Co.

The tax code requires plans to give participants a 402(f) Notice when they separate from service, Slott told ThinkAdvisor.

While the notice "is supposed to explain their distribution options," it has been "widely criticized for not being clear enough," Slott said. "The average employee probably has no clue how important this [notice] is and either passes it on to their advisor or does nothing until it's too late."

Employees leaving companies "need help with [the tax consequences of rollovers] and they are not getting it," Slott continued. "That's a big opportunity for financial advisors to step in and help, but the advisors too, need to be better informed on these distribution options."

A new GAO report, "401(k) Retirement Plan Tax Notices: Federal Actions Can Help Participants Understand Their Distribution Options," notes that "many people have trouble tracking their 401(k) accounts when they change jobs."

After separating from an employer, "plan participants are sent a 402(f) Notice that has some information on distribution options—like rolling over funds—and the tax consequences of cashing out funds from old plans," the report explains.

However, "only about a third of participants received this notice before they decided what to do with their retirement savings," according to the report. "About 80% of participants weren't aware of all their distribution options."

In Secure 2.0, Congress required that the GAO look at the effectiveness of the 402(f) Notice and recommend ways to improve it.

GAO recommended in January 2024 that the Treasury and Labor departments improve the information provided to 401(k) participants, including the 402(f) Notice. GAO recommended that Treasury take action to clarify information in the notice, and that Labor improve the information provided to 401(k) participants, including the 402(f) Notice.

Labor's new fiduciary rule also reinforces "that advisors should be educated on each of the options and have a process for explaining the pros and cons of each choice to clients to help them arrive at the option that is best for them," Slott said.

The GAO report also states that Labor's Employee Benefits Security Administration "is engaged in projects that will enhance disclosures to separating retirement plan participants about options for their retirement savings."

As required under the Secure 2.0 Act, "EBSA will issue regulations and create a model notice for plans, which will provide an advance notice to plan participants and help them understand their distribution options and potential consequences," the report states.

EBSA is also engaged in joint agency efforts "reviewing all disclosures provided to participant and beneficiaries in retirement plans, including the 402(f) Notice" and that EBSA will consider the ERISA Advisory Council's recommendations to enhance participant-level disclosures.

The GAO found "many participants don't even get the notice until after making their distribution decision," Slott said. "And for those that do, the notice fails to clearly explain their options (e.g., the Notice doesn't say they can usually keep their funds in the plan). Most employees don't understand any of this."

The big takeaway, according to Slott: "This is yet another opportunity for financial advisors to help clients review their distribution options with what is a once-in-a-lifetime major financial decision on what to do with what may be the largest single check they will ever receive."

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