IRS changes the 401(k) rules for 2015

Hailey Lee | @haileylee139

Thursday, 23 Oct 2014 | 2:40 PM ETCNBC.com

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Taxpayers are about to get a bit more elbow room for retirement savings. Many contribution limits for employees with tax-favored retirement savings accounts were expanded for 2015, the Internal Revenue Service said Thursday.

The maximum for contributions in the government's Thrift Savings Plan, private sector 401(k)s and other comparable programs have been raised to $18,000, up from $17,500 in 2014 and 2013. For people over 50 years old, the "catch-up contribution" threshold has been increased from $5,500 to $6,000.

"You look at the $18,000 and wonder, gee, how many people can practically get to that level?" said Joe Ready, director of Wells Fargo Institutional Retirement and Trust. But as people "progress in their careers and earnings progressively go up," it will be increasingly important for elderly investors to max out the $24,000 limit, he said.

That's the combined total investment limit for people 50 and older—$18,000 for the 401(k) plus $6,000 for catch up.

Kenishirotie | Getty Images

"For those over 50 years of age—a group that needs to be far more aggressive about saving—the fact that they can get $24,000 a year in contribution is a strong message for them to save at a significant rate," said Kevin Crain, Bank of America Merrill Lynch's managing director with more than 30 years of experience in the retirement industry.

"If you look back to 2009, limits on 401(k) were around $16,000. These aren't huge bumps but it's slowly incrementing upwards and it's a nice message on the opportunity and power to save," Crain said.

If a worker is investing in both an after-tax Roth TSP (where withdrawals are tax-free), as well as a pretax TSP, then the $18,000 contribution limit applies to the amalgamation of both accounts.
For small business owners and self-employed workers that invest in an SEP-IRA or a single 401(k), the 2015 annual contribution limit rises to $53,000, a jump from $52,000 in 2014.
People who max out their contributions remain a minority but that group is growing, Crain said. In general, about 15 to 20 percent of active contributors max out their contribution limit, he said.

Some programs are unchanged. For Individual Retirement Accounts, the $5,500 limit will stay the same for 2015. Annual benefits from a defined benefit plan will stay at $210,000.
The adjustments were triggered by an increase in cost-of-living expenses. The secretary of the Treasury is required to adjust limits annually to reflect cost-of-living increases.

Read MoreSocial Security benefits will increase by 1.7%

Here is the IRS's full list of pension plan adjustments for 2015.

Finding, and Battling, the Hidden Costs of 401(k) Plans

John F. Wasik

Friday, 7 Nov 2014 | 10:35 AM ETThe New York Times

Like millions of retirees who assumed their companies had taken care of them, Ronald Tussey never thought that his retirement plan might be flawed. He trusted his company so much he kept his money in his 401(k) long after he left.

Having worked as an engineer for 37 years, ultimately at ABB Inc., where he retired 11 years ago, Mr. Tussey said he never paid much attention to the fees in his retirement plan and "assumed the company was looking out for my best interests."

But after seeing a television program on the negative impact that 401(k) expenses can have on retirement savings, he hired a lawyer, who filed a class-action lawsuit in 2006 against ABB and plan administrators.

August Kryger | The New York Times

 

Ronald Tussey, whose lawsuit against a former employer became a landmark case highlighting expenses in 401(k) plans, at his home in Lake Ozark, Mo., Nov. 6, 2014.

Mr. Tussey's suit became a landmark case that highlighted the sometimes excessive expenses in 401(k) plans. The suit remains largely unresolved today, while Mr. Tussey has become an archetype of an inexperienced litigant caught up in a legal battle far more complex than he ever expected.
"I had no idea about litigation," Mr. Tussey says. "It was unbelievable."


Like many employees, Mr. Tussey, now 70, was told that his retirement plan was "free," even though middlemen were deducting expenses from his savings.
In many retirement plans, a significant amount of future retirees' funds are devoured by fees. According to a 2012 study published by the progressive think tank Demos, high 401(k) fees can drain $155,000 from an average household over a lifetime. Higher-earning households can lose even more — up to $278,000.

Growing employee resistance, resulting from a greater awareness of plan costs, has resulted in more than 30 lawsuits against 401(k) plans and employers since 2006. Seventeen have been dismissed, but these suits are time-consuming, complex and difficult to litigate. The oldest 401(k) suits, like Mr. Tussey's, have been winding through courtrooms for the last half decade.

Despite a federal requirement that plan fees be disclosed and numerous reports on 401(k) plan flaws, few employees question how much they are being charged, much less take their employers to court. As Mr. Tussey learned, time spent on legal proceedings is clearly not on a par with time spent traveling the world, working in the community or taking up a new hobby.

After more than six years of litigation, a federal court in Missouri ruled in March 2012 that ABB and its record keeper, Fidelity Investments, violated fiduciary duties to the plan and participants and were liable for $37 million.

ABB appealed part of the case, but the United States Court of Appeals for the Eighth Circuit in St. Louis this year upheld the Federal District Court judgment that $13.4 million be awarded to participants.

A $1.7 million district court judgment against Fidelity was reversed by the higher court.
Nothing, to date, has been paid to ABB 401(k) plan participants. Lawyers representing the employees want the Supreme Court to review the case.
In the meantime, though, there are lessons here for current and future retirees.

David Franklin | E+ | Getty Images

 

At the heart of the suits are a raft of obscure fees and services that few employees will be able to discern. Unless employers absorb all of the expenses, you must pay the bills for plan record-keeping, administration and fund management.
Most fund expenses not covered by employers are deducted from plan assets — the money pooled for your retirement — and show up in an "expense ratio," which is expressed as an annual percentage of what you have invested. If your plan charges 1 percent on $100,000 invested, you are paying $1,000 annually in fees.



How much is too much for 401(k) expenses? It depends on the size and complexity of the plan. The Department of Labor's fee disclosure requirement, which went into effect about two years ago, will tell you how much is being deducted from your savings, but it won't tell you if that amount is too much.

In the somewhat opaque world of 401(k) expenses, a large plan may be the best deal, but smaller plans can still offer lower expenses if employers shop around. Often only an audit by an independent fiduciary who knows how to compare similar plans can determine whether you are being overcharged.

Jerome J. Schlichter, a St. Louis lawyer who represented Mr. Tussey and plaintiffs in other 401(k) suits, said there were some common elements in plans that could indicate lofty expenses and conflicts.

Even though no extra service may be provided, record keepers may reap higher compensation just because total assets increase from year to year. This number can be hard to find and even tougher to examine. Is your plan's record-keeping fee fair? You may need an independent consultant — someone with no financial interest in the plan, funds or middlemen — to properly vet this number.
Also look at revenue sharing. This is an often complex arrangement where a fund manager "shares" some of the fees it receives from fund expenses with other service providers, such as brokers. This practice, though declining, is particularly insidious since it provides little or no value to employees. It is derisively referred to as a "kickback" by 401(k) critics.

Expenses, perhaps the largest target for 401(k) suits, can be the easiest to vet because fees can be compared across plans and funds. Does your plan charge a "retail" fund fee? It shouldn't because 401(k)'s, even small ones, have access to the lowest-cost "institutional" or exchange-traded funds, which charge as little as 0.04 percent annually.

If your fund company offers multiple "share" classes, you will also need to know if you are getting the least expensive class. To get a basic idea, compare your plan with similar 401(k)'s on Brightscope.com. You can also look up individual fund expenses on Morningstar.com.
You will also need to see what kinds of funds are in your plan. Is your employer, particularly if it's a financial services company, offering "in-house" or "proprietary" mutual funds? They may be more expensive than other funds and pose clear conflicts of interest.
And keep an eye out for unnecessary fees that may be eating up your nest egg. These include commissions, also known as "loads," 12b-1 marketing fees, insurance-related charges, "wrap" fees and transaction expenses.

Even if you are acutely attentive to financial details or can fathom the arcane language of annual plan statements like 5500 forms, this is tough. Except for fund management fees, it's not easy to spot a blatant overcharge. Mr. Schlichter has found that even in a new era of plan disclosure, most employees "are not aware of these fees and don't learn much from their plan statements."

For help, you might want to consult outside resources, like the website Personal Capital. The online money manager has a free 401(k) Fee Analyzer. It will tell you how expenses are affecting your nest egg.

The Department of Labor's website has a wealth of information on 401(k) fees and disclosure, and you can also find a breakdown of 401(k) expenses at Bankrate.com.


What if you've found that your plan is a rotten deal, but you don't want to move your money and can't get your employer to change the plan?
As Mr. Tussey knows, it may be a long, rocky road through the court system, at the end of which you may not reap a penny.

Lawyers representing employees must prove not only that plan participants were charged exorbitant fees or employers showed a clear conflict of interest, but also that employers broke federal law by breaching their fiduciary duty. That's a legal standard that says employers must do everything in their power to act prudently on behalf of workers. In the case of 401(k) plans, that means finding a reasonable selection of low-cost funds and services.
But the legal landscape may change substantially. In October, the Supreme Court agreed to hear a 401(k) fee case. If the court rules in favor of employees, the floodgates could open for more retirement plan lawsuits.

It pays to shop around for health-care plans

It pays to shop around for health-care plans

If you've spent more time examining holiday sales ads than your open enrollment insurance materials, you're not alone.

A new survey from Aflac found that last year, 41 percent of employees spent less than 15 minutes researching benefits options during their employers' enrollment window—compared with an average two hours deciding which TV to buy. That can be a costly mistake.

Unless you're buying a top-of-the-line $4,000 set, health care is going to be the pricier financial decision. This year, the average worker paid out $4,823 in premiums, 3 percent more than in 2013, according to the Kaiser Family Foundation. And experts say more increases are in store for the coming year, so the plan you choose can make a big difference to your bottom line.

"This is a year where employers are making a lot of changes," said Beth Umland, director of research for health and benefits at Mercer, an HR consulting firm. "If you're ever going to read your open enrollment materials, this is the year to do it."

Robyn Beck | AFP | Getty Images

 

Health Care insurance options in California.

 

Not only can consumers expect to see more premium and deductible increases, but they may also see more low-premium, high-deductible plans (often called consumer-driven health plans). There may also be surcharges for coverage of a spouse and more incentives for healthy behaviors.
Those trends mean it's smart to use open enrollment to reassess—even if you like your current plan, said Craig Rosenberg, practice leader for health and welfare benefits administration at Aon Hewitt. You might find one that's less expensive or a better fit for your health-care needs.

"Don't buy on price alone," said Rosenberg. "You may find that the plan that costs you the least to purchase ends up costing you the most, with your health-care needs." Instead, assess how you used your plan this year, and look at how the premiums, deductibles and other costs of the plan offerings add up.

Families might find that the best value requires each spouse to find coverage through their respective employers, instead of signing on for one family plan. Employers often cover a lower percentage of health-care premiums for families than they do for individuals, and some are adding on surcharges to cover a spouse who has access to health-care elsewhere, said Tracy Watts, national health-care reform leader for Mercer. The median surcharge is $100 per month.

Don't forget to look at other voluntary benefits. Experts say open enrollment might be your only chance to opt in for employer-sponsored disability insurance, or, if you're looking at one of the high-deductible plans, hospital indemnity coverage to help cover costs if you unexpectedly end up in the emergency room.

Kelli B. Grant 

Personal Finance and Consumer Spending Reporter