How Do 402(g) Limit Calculations Work in Non-Calendar-Year Plans?

Experts from Groom Law Group and CAPTRUST answer questions concerning retirement plan administration and regulations.

Q: I have been reading your Ask the Experts column on statutory limits for non-calendar-year plans with great interest, as I work with a 403(b) plan that has a non-calendar plan year as well. Is there any workaround for having to calculate two separate 402(g) limits for non-calendar-year plans each plan year? Calculating these limits is quite cumbersome.

Kimberly Boberg, Kelly Geloneck, Emily Gerard and David Levine, with Groom Law Group, and Michael A. Webb, senior financial adviser at CAPTRUST, answer:

A: Unfortunately, no. The requirement for 402(g) elective deferral limits to be calculated on a calendar-year basis, regardless of whether or not the plan year is calendar, is a statutory requirement that cannot be modified. The reason for this is that the 402(g) limit is an individual limit, NOT plan-specific; it aggregates all elective deferrals to 403(b) and 401(k) plans across all plans and employers of the participant in a calendar year.

For example, let’s say your 403(b) plan has a July 1 to June 30 plan year, and you hire a new employee on August 1, 2024. The employee is not yet age 50 as of the end of 2024 but already deferred $23,000 to her prior employer’s 401(k) plan in 2024. Since $23,000 is the general 402(g) limit for 2024, even though that employee has yet to defer even a dollar to your plan, she won’t be able to defer anything to your plan for the remainder of the first half of the 2024 plan year. The employee may commence deferrals halfway through the 2024 plan year, on January 1, 2025, and may defer up to the 402(g) limit for that calendar year (a limit that we do not know as yet).

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Of course, this and other limit calculation complexities can be avoided by switching to a calendar plan year, though there may be non-plan reasons for your current plan year. You can contact your plan’s retirement plan counsel to discuss the advantages and disadvantages of switching to a calendar plan year for your particular plan.


NOTE: This feature is to provide general information only, does not constitute legal advice and cannot be used or substituted for legal or tax advice.

Do YOU have a question for the Experts? If so, we would love to hear from you! Simply forward your question to Amy.Resnick@issgovernance.com with Subject: Ask the Experts, and the Experts will do their best to answer your question in a future column.

State, Municipal Retirement Systems Remain Stuck in ‘Pension Debt Paralysis’

Equable projected that state and local public pension plans will have an average funded status of 80.6% in 2024. 

Despite the fact that state and local governments have been increasing their contributions to their retirement systems—totaling about $180.7 billion in 2023—U.S. public pension plans are projected to still have $1.34 trillion in unfunded liabilities in 2024, according to new research from the Equable Institute. 

In better news, the average funded ratio for state and local plans is projected to increase to 80.6% in 2024 from 75.8% in 2023, marking the second largest year-over-year increase in the last decade. 

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After a decade of insufficient funding, Equable found that state agencies are now consistently paying 100% of their actuarially determined contributions, and state legislatures have used surplus revenue over the past few years to make supplemental contributions to state pension funds. 

In the 12 months through June 2024, the average public pension fund’s 7.4% investment return beat the funds’ average 6.9% assumed rate of return, the main target to hit each year in order to prevent further growth of unfunded liabilities. All asset classes had strong performances over the last year, especially in the period from January through June 2024, which helped investment returns. 

Pension Debt Paralysis 

While this is a welcome improvement, Equable reported that it will require additional years of similar performance to break public plans out of their “pension debt paralysis.” 

Anthony Randazzo, Equable’s executive director, said in a briefing about the research that volatility in investment returns for public plans has “dramatically increased” since the pandemic. 

“In fact, volatility is approaching levels last seen during the [global] financial crisis,” Randazzo said. “So for … public pension [sponsors] who value stability and steady improvement, this is a significant concern.” 

The “record contributions” to pension funds have been insufficient to prevent interest on unfunded liabilities from continuing to accumulate. According to Equable, interest on the pension debt is the fastest-growing contributor to unfunded liabilities over the last two decades. 

As a result, Equable argued in its report that states and cities are not doing enough to eliminate unfunded liabilities, which are driving steadily rising contribution rates that will lead to more costs in the long run. 

“Government complacency is harming taxpayers with lower quality public services and harming public employees who are experiencing reduced benefit values and insufficient inflation protection—problems which are not likely to change even with good investment returns,” the report stated. 

According to Equable, pension debt paralysis has caused average public employer pension contributions to increase to 31.3% of payroll from 17.3% between 2008 and 2024. 

Negative net cash flows from contributions and benefit payments have also steadily increased over the past two decades, reflecting more “mature” pension plans. However, larger negative cash flows put increased pressure on investment return each year to make up for the difference.  

Causes of Unfunded Liabilities 

Jonathon Moody, vice president of research at Equable, explained that some of the main causes of unfunded liabilities are underperforming investments, interest on the unfunded liability growing faster than employer contributions, and changes to liabilities due to adopting new actuarial assumptions. 

According to the report, the largest contributor to the $1.2 trillion in unfunded liabilities in 2022 was necessary improvements to actuarial assumptions.  

The improvements to assumptions include more accurate expectations about investment returns, payroll forecasts, mortality rates and more. While the funding shortfall is a problem, Moody said it is a good thing that public pension funds are improving the accuracy of their accounting.  

“[Pension plans] are improving the accounting for pension liabilities and investment, which suggests that, in the past, pension funds were less accurate in their actuarial assumptions,” Moody said.  

Status Varies By State 

Looking at 2024 estimated funded ratios by state, many states are projected to have improved their average funded status from 2023 to 2024, including Delaware, Maryland and West Virginia, all of which moved up into the 90% funded status range. South Carolina was the only state to move from the less-than-60%-funded category to the 60%-to-70% category. 

Overall, Equable found that funded ratio and unfunded liability levels vary considerably from state to state. For example, a small group of states have historically resilient statewide pension systems, including New York, South Dakota, Tennessee and Wisconsin.  

Meanwhile, more than 13% of all statewide plans and local plans were considered “distressed” in 2023, as these plans face a considerable uphill climb to recovery. The costs of paying down unfunded liabilities for these plans, such as the Teachers’ Retirement System of the State of Illinois and Kentucky Employees Retirement System Nonhazardous, are challenging for state budgets, but Equable argued that costs of insolvency and shifting to “pay-as-you-go” could be even more expensive.  

 

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