The SECURE 2.0 Act of 2022, which was passed in December 2022, is retirement reform legislation that aimed to increase retirement access and security for Americans. While the legislation’s focus was on defined contribution plans, it still had an impact on annuities. For instance, Section 201 of the SECURE 2.0 act removes availability barriers to some life annuities in tax-advantaged retirement accounts. Before the bill was passed, required minimum distribution tests limited the availability of some lifetime annuities which had large benefit increases from year to year. The passage of the bill now allows these annuities to increase at a constant percentage, no more than 5% per year. In addition, Section 202 seeks to make Qualified Longevity Annuity Contracts (QLAC) easier to invest in. The section raises the cap to $200,000 on how much money a participant can use from their retirement account to purchase a QLAC. Previously, it used to be either 25% of the account’s value or $125,000, whichever was greater. Plus, Section 204 allows a retiree with a partially annuitized plan to combine the payments from both the annuity and the plan to calculate their required minimum distribution, according to Elizabeth Dold, a tax attorney and executive committee member at the Groom Law Group. Before the bill, the two accounts had to be separated, each with its own RMD calculation, which could result in higher RMD payments than if they were counted together.

Finsum:While the SECURE 2.0 Act focused on DC plans, the legislation made changes to annuities such as removing availability barriers to some life annuities in tax-advantaged retirement accounts and making QLACs easier to invest in.