2019 Contribution/Benefit Limits Updated for Puerto Rico Employers

The Puerto Rico Department of the Treasury has published its 2019 limits on qualified retirement plan contributions and benefits.

Ana María Bigas-Kennerley, special counsel at labor and employment law firm Littler Mendelson, has published an outline of changes announced by the Puerto Rico Department of the Treasury for 2019 limits on qualified retirement plan contributions.

As Bigas-Kennerley points out, on December 31, 2018, the Puerto Rico Department of the Treasury (PR Treasury) issued Internal Revenue Informative Bulletin No. 18-24 (IB 18-24) announcing the 2019 applicable limits for Puerto Rico qualified retirement plans.

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The Puerto Rico Internal Revenue Code of 2011 requires that, before the beginning of each taxable year, the PR Treasury provide notice of the applicable limits under Section 401(a) of the U.S. Internal Revenue Code of 1986, which are incorporated by reference into the Puerto Rico Code limits, once the Internal Revenue Service (IRS) publishes the retirement plan limits under the U.S. Code. On November 1, 2018, the IRS published the retirement plan limits under the U.S. Code for taxable year 2019.

“Consequently, the PR Treasury announced, through IB 18-24, the limits on qualified retirement plans under the PR Code, including those limits applicable under the U.S. Code,” Bigas-Kennerley explains. “Employers in Puerto Rico should be aware of these developments and should contact knowledgeable counsel with any questions.”

The following are the applicable 2019 limit updates, as cited by Bigas-Kennerley:

  • The annual benefit limit applicable to defined benefit plans increases to $225,000 from $220,000 for 2018.
  • The annual contribution limit applicable to defined contribution plans increases to $56,000 from $55,000.
  • The annual compensation limit increases to $280,000 from $275,000.

Bigas-Kennerley points out that the compensation limit for defining highly compensated employees has actually decreased, to $125,000. This change is derived from Act No. 257 of December 10, 2018, which amended the definition of highly compensated employees under the PR Code to eliminate the previous $150,000 limit established pursuant to Act 9 of February 8, 2017.

Other changes include the following:

  • The elective deferrals limit applicable only to participants in a dual qualified plan or to federal government employees increases to $19,000 from $18,500 for 2018.
  • The catch-up contributions limit applicable only to federal government employees age 50 or over remains unchanged at $6,000.
  • The elective deferrals limit applicable to participants in a plan qualified only under Section 1081.01(a) of the PR Code also remains unchanged at $15,000.
  • The catch-up contributions limit applicable to participants in a plan not sponsored by the federal government who at the end of the plan year are at least 50 years of age remains unchanged as well, at $1,500.
  • Finally, after-tax contribution limits are unchanged and limited to 10% of the aggregate compensation of employees for all years in which they are participants in a retirement plan.

So You Want to Offer a Student Loan Repayment Benefit

In an Issue Brief published by the Employee Benefit Research Institute (EBRI), Neil Lloyd, partner and head of DC & financial wellness research at Mercer, explains choices plan sponsors have for offering student loan repayment benefits.

In an Issue Brief from the Employee Benefit Research Institute, Craig Copeland, senior research associate, says that overall, the percentage of families with student loan debt has grown tremendously since 1992, more than doubling from 10.5% in 1992 to 22.3% in 2016.

Data used for the analysis also shows student loan debt has moved from households with heads of younger ages to those with heads of older ages. In addition, the analysis finds families with heads having a college degree or higher have higher defined contribution (DC) retirement plan balances than those families with a head with some college only (no bachelor’s degree completed). The DC balances of families without a student loan are higher than for those with a student loan.

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Focusing on families with heads younger than age 35, the median DC plan balance of those families whose head has a college degree or higher and no student loan was $20,000. This is compared with $13,000 for families with heads of the same age and educational level but with a student loan. Likewise, the median DC plan balance of families in this age cohort whose head has some college only and no student loan was $10,000, compared with $4,700 for comparable families with a student loan.

The growing student loan problem and its relation to retirement savings has led employers to consider adopting student loan repayment benefits. In the Issue Brief, Neil Lloyd, partner and head of DC & financial wellness research at Mercer, explains choices plan sponsors have for offering such a benefit.

Lloyd says employers can offer refinancing with a single provider of student loan refinancing. The advantage of this arrangement is that the programs tend to offer incentives to those individuals who refinance, and this credit to the loan account can be several hundred dollars. For this reason, he says, it is a better outcome than if the employee had just refinanced on their own.

According to Lloyd, a variation of the employer offering refinancing is a marketplace platform. Instead of a single provider, a platform of a whole range of quotations and group of providers is offered. Again, a similar incentive payment of around $100 is placed into the account.

On the loan management side, Lloyed explains that student loan direct payment platforms or payment programs are where an employer will agree to pay a certain amount—for example, $100 or $150 per month. He says it can be a lot more complex than that but simply a payment towards an individual student loan for a fixed period of time.

Along with having a student loan direct payment platform, Lloyd says employers may provide tools that tell employees what to do with the $100 a month that the company is paying. For example, the tools could tell the employee which loan it should go toward, which loan should be paid back next, or suggest better restructuring arrangements, including whether the worker is a good candidate for refinancing.

Lloyd then discusses the option of student loan 401(k) matches, saying it tends to address a quandary many employees have: Do they pay back student debt or do they contribute to retirement savings? With the student loan 401(k) match idea, employers will potentially accept that individuals don’t have money to put into the 401(k), but they are paying off their student loans, so employers will match what is being paid on the student loans with contributions into their 401(k) plan.

Considerations for plan sponsors

“There are a number of issues for an employer to consider when providing these programs beyond some of the obvious ones, such as how much is the program going to cost the employer,” Lloyd says.

Starting with a refinancing platform, Lloyd points out that it doesn’t matter whether it’s a single partner or a marketplace, the real advantage is that there is limited effort needed from and typically no cost to the employer. However, he notes, the challenge comes in that refinancing can be a great help to those employees with high creditworthiness and whose situation is improving, but it’s going to be less helpful to those with less attractive prospects. Another issue with refinancing is that if someone refinances a loan, they lose certain federal protections—such as eligibility for student loan forgiveness programs.

With direct payment programs, Lloyd points out this is more costly for employers, and there are also certain perceptions of discrimination. For example, some feel student loan repayment benefits help some workers and not others, and some feel addressing student loan debt but not other types of debt may be perceived as discriminatory. In addition, a direct payment benefit is taxable to employees.

A student loan match is not taxable to employees, but can the fact that an employer is making a contribution to retirement savings for employees that are making student loans be considered discriminatory against other employees?

Lloyd mentions the recent IRS Private Letter Ruling (PLR) approving a type of student loan match for Abbott. He points out that PLRs are only intended for the requestor, and that the PLR did not address certain issues; for example, how nondiscrimination testing will be affected. “Other employers will need to avoid their own issues that the private ruling addressed,” Lloyd says.

The full EBRI Issue Brief, “Student Loan Debt Trends and Employer Programs to Help,” may be downloaded from here for registered members.

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