May 9, 2023

Several Ways that SECURE Act 2.0 Might Affect Your Retirement Planning (Episode #280)

Tom discusses several ways that SECURE 2.0 Act, signed into law in late December 2022, might affect your retirement planning.

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Tom discusses several ways that SECURE 2.0 Act, signed into law in late December 2022, might affect your retirement planning.

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Well, good afternoon, Michiganders.
It is Tuesday, May nine, twenty

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twenty three, and of course this
is Tuesday with Tom, Michigan's only weekly

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podcast where we answer your questions about
a state planning and a state settlement in

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Michigan, and we don't send you
a bill. As always, I'm your

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host, Tom Doyle, a state
planning attorney, lifelong Michigan resident, and

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ambassador for all things good in this
great state of Michigan. Welcome, Welcome

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to today's program. Will just a
brief recap. Last week's episode talked about

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when two or more people own Michigan
real estate the various ways that it can

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be owned. So, if you're
looking at having real estate in Michigan that

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you're going to own with somebody else, or perhaps you already do, when

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you're not sure how it is owned
and how it matters how it is owned,

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I invite you listen to last week's
episode where I explain the different ways

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that people can own real estate in
Michigan. Today's program, I'm going to

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talk a little bit about taxes today, in particular the several ways that the

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Secure Act two point zero might affect
your retirement planning. But Please remember that

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what I'm about to discuss is,
as always for educational purposes only. It

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is not intended to be legal advice
or tax advice for you. You always

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need to work with your tax advisor
and a state planning attorney and financial advisor

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to determine what is appropriate for you. Several ways that the Secure Act excuse

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me, might affect your retirement planning. Well back in December twenty twenty two,

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not that long ago, President Biden
when he signed his one point seven

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trillion dollars tax bill into law,
it included the Securing a Strong Retirement Act

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twenty twenty two, otherwise called Secure
Act or Secure two point zero Act,

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and the whole point of that legislation
was to encourage retirement investing. So let's

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talk about today several ways that the
Secure Act might impact your retirement planning.

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And let's begin with required minimum distribution. Y'all know what those are. You

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have to start taking your funds out
of your IRA at a certain age.

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Well, one of the changes that
was made under Secure Act two point zero

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is the age of rmds has gone
up. The original Secure Act push the

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RMD from seventy point five to seventy
two, but Secure two point oh Act

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has now raised the age to seventy
three beginning this year and will increase it

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further to seventy five by twenty thirty
three. So looking at your required minimum

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distributions, you need to know what
the new ages are at which you are

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going to be required to make those
minimum distributions from your retirement accounts. A

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second way that Secure Act two point
zero might affect your retirement is in the

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area of ketchup contributions. The idea
being if you are an older individual,

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you have the opportunity to contribute additional
amounts beyond the normal annual contribution limits to

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catch up if you will because of
the age to increase the value of your

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retirement accounts. So individuals fifty y're
older is who it's directed to have different

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ways to maximize savings as they retire
or as they approach the retirement age.

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While Ketchup contributions for I raise are
currently maxed out at a thousand dollars,

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meaning in addition to the minimum amount, if you're fifty year older, you

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can contribute additional thousand dollars. The
good news is that ketchup contribution amount is

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going to begin being adjusted for inflation
in increments of one hundred dollars beginning in

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twenty twenty four, So over time, presumably that one thousand dollars amount will

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stay abreast of inflation if you will
and allow additional funds to be utilized added

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to your iray beyond the normal contribution
limits to help you catch up with your

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contributions. In twenty twenty five,
the Ketchup contribution maximums are going to rise

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for investors between the ages of sixty
and sixty two in an employer plan,

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So if you have an employer plan, you're going to be able to have

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ketchup contributions in your employer's plan as
well. The limited is going to be

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increased to fifty percent more than the
regular ketchup limit or ten thousand dollars,

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whichever is greater. So those of
you who are involved in employer contributions programs

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are also going to have some additional
ketchup opportunities inside those plans as well.

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Good news for those of you who
have ROTH plans through your employer now the

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vested employer contribution amount is also going
to be eligible for WROTH treatment. Until

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now your amount might have been available
and attributed for WROTH treatment, but your

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employer's vested amount was not. Now
the employer's invested amount also is eligible for

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ROTH treatment. Also also no more
lifetime required minimum distributions for employer plan WROTH

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accounts effective in twenty twenty four.
So in twenty twenty four, if you

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have a ROTH four one K or
WROTH four H three B, you will

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no longer have lifetime required minimum distributions
from those accounts, similar to what's been

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the status with non employer ROTH accounts. Staying additional, looking at ROTH,

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where now have the opportunity or small
business owners have the option to offer ROTH

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versions of their simple or sep ROTH
IRA account or of their IRA accounts.

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So if you're offering either a simple
A retirement account or sep ROTH accounts to

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your employees, you now have the
ability to offer those as I as ROTH

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I or WROTH accounts excuse me as
wells, which will be giving your employees

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some additional planning options now that they
will be can be involved in ROTH type

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accounts. Good news for those of
you who do five twenty nine plans.

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Part of the issue with five twenty
nine education plans has been well, what

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if the beneficiary doesn't use up all
the funds for educational purposes? Now what

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Well, beginning in twenty twenty four, of course, subject to certain exceptions,

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but in general, beginning in twenty
twenty four, five twenty nine plan

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assets can be rolled over into roth
IRA. So if you have a beneficiary

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that you have funds set aside in
a five twenty nine plan and they don't

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use those funds up, you might
have the ability to have those funds rolled

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over to a roth IRA for the
beneficiary. Now, there's going to be

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some requirements or restrictions on those.
For example, the five twenty nine account

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must be at least fifteen years old, the amount to be rolled over must

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have been in the account for at
least five years. The roth account has

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to be in the name of the
plan beneficiary, and roll over contributions have

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to still be within the roth IRA
annual contribution amounts. And there is a

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maximum thirty five thousand dollars for lifetime
rollovers from the five twenty nine plan to

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the roth IRA. But it does
give you some opportunity to look at the

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excess contributions in your five twenty nine
plans and what you might be able to

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do with those. Another change,
Qualified charitable distributions qcds. That's where you've

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got money in your IRA or money
in your wrath, and you're looking at

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recurred minimum distributions, and rather than
taking the required minium distribution, you direct

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funds from those accounts to a qualifying
charity. That's called they qualified charitable distributions,

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and then it counts borge. You
require them in distribution so you don't

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have to take the money first and
then pay the tax on it and then

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make the contribution to the charity.
It can go right from your retirement plan

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to the charity, which you're basically
transferring if you will pretaxed funds. Currently,

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individuals can make up to a hundred
thousand dollars excuse me of qcds annually

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beginning at seventy and a half well
under Secure two point zero Act. Starting

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in twenty twenty four, the QCD
limit is going to now be indexed for

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inflation, which means it's going to
obviously at some point be substantially more than

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the one hundred thousand dollars that is
currently available annually. Additionally, starting this

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year, that would be in twenty
twenty three. You can now use qcds

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to fund charitable remains your trusts and
to fund charitable gift annuities, so you're

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no longer limited to simply having the
funds directed to an existing charity as in

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the past, but there might be
some tax planning involved in why you're looking

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at setting up a charitable remainder trust
or perhaps a charitable gift annuity, and

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you can now have those contributions directed
to those trusts and gift annuities and it

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will still qualify as the qualified charitable
distribution. So those are just a few.

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I'm trying to look at my list
here and see if there's anything else

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that I wanted to mention, but
I think those are the ones. As

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I was reading through some articles recently
that I wanted to make sure I pointed

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out to you. There recurred distribution
ketchup contributions, invested employer contributions. No

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more requirement distribution for the employer WROTH
accounts in twenty twenty four offer the employers

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have the ability to offer simple incept
roth iras the big one though for many

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of you is going to be that
ability to roll over assets room A five

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twenty nine plan into a roth IRA. And again for those of you who

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are using qualified charitable distributions as part
of your tax planning strategy and your gifting

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strategy, that one hundred thousand dollars
annual is now going to be index for

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inflation and you can now have those
funds directed to charitable remainder trust and charitable

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gift annuities. Of course, as
always, Amanda and I would be honored

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to have the opportunity to help you
protect your loved ones by putting together your

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state plan, perhaps amending a plan
that you already have, or assisting you

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in settling a loved ones state.
Simply go to our website goil apc dot

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com. There you're going to find
all the information that you need on how

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to schedule an in person consultation at
the New East Lansing office, or how

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to schedule virtual consultations via Zoom or
telephone wherever you happen to be in the

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state of Michigan. We can likely
work with you using technologies such as Zoom,

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mail, the Internet, etc.
And reminder too. If you're looking

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for an individual legal document, perhaps
all you need is an updated certificate of

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trust. At the website you're going
to find our Legal store. Through the

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Legal Store, you can order individual
legal documents that can be prepared and emailed

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to you. You'll also find information
currently on documents and you have the ability

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to order them through our Facebook page
as well. So again, please visit

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DOULAWPC dot com for complete information on
all of the services that we provide and

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how it is that you can schedule
a consultation with us. Well, that's

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going to be it for today's show, though as always, if you have

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a comment about the program, perhaps
at topic that you'd like to have me

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discuss, or questions that you'd like
to have answered, please send me an

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email Tom at Tuesday with Toom dot
com. Also, please follow us on

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Facebook and invite your friends and family
to do so. That would be at

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Tuesday with Tom and the office Facebook
page as well is Doyle Law PC.

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Remember two that Tuesday with Tom is
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Podcast, iHeart Radio, Speaker or
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you can ask your smart speaker to play

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Tuesday with Tom. Well, thank
you again for spending some of your time

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with us today and as always,
I hope that you have an awesome day

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and an awesome week in Michigan.
Stay safe. Tuesday with Tom has been

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brought to you by the estate planning
attorneys at Doyle Law PC. To learn

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how we can help you with your
estate plan or with settling a loved ones

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estate, please call us today at
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six six. That's five one seven, three two three seven three six six