summary of key provisions - MetLife · 2006-11-20 · 1 On August 17, 2006, the Pension Protection...

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ANNUITIES | VARIABLE summary of key provisions Pension Protection Act of 2006

Transcript of summary of key provisions - MetLife · 2006-11-20 · 1 On August 17, 2006, the Pension Protection...

Page 1: summary of key provisions - MetLife · 2006-11-20 · 1 On August 17, 2006, the Pension Protection Act of 2006 (“Act”) was enacted. The legislation includes a variety of provisions

ANNUITIES | VARIABLE

summary ofkey provisions

Pension Protection Actof 2006

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CONTENTSEGTRRA Provisions Permanent 2

Automatic Enrollment 3

Investment Advice 4

Increased Portability for Qualified Plans and IRAs 4

Faster Vesting 5

Defined Benefit Plans – Funding Requirements 5

Phased Retirement – Defined Benefit Plans 5

New Plan Design – DB(k) 6

Combined Defined Benefit and Defined Contribution Employer Deduction Limit 6

Expansion of Hardship Withdrawals 6

Diversification Out of Employer Stock 7

Penalty-Free Distributions to Active Duty Reservists 7

Participant Benefit Statements 7

Form 5500-EZ 7

Simplified Form 5500 8

Fiduciary Bond Increase 8

Blackout Notices 8

ERISA 404(c) Limited Protection on Investment Mapping 8

Direct Deposit of a Tax Refund Into an IRA 8

ERISA 404(c) Default Investment Protection 9

75% Joint and Survivor Annuity Option 9

IRA Contributions for Charitable Purposes 9

Tax Free Pension Distributions to Pay Premiums for Health and Long Term Care Insurance 9

Amendments 9

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On August 17, 2006, the Pension Protection Act of 2006 (“Act”) was enacted.

The legislation includes a variety of provisions to protect savers and boost

retirement savings in IRAs and in defined contribution plans, such as IRC

Sec. 401(k) plans, profit sharing plans, 403(b) plans, and governmental

457(b) plans. In all cases, the Act will make it easier for you to use various

strategies that will help build retirement assets for you and your heirs.

The Pension Protection Act of 2006 (“Act”)

summaryOF KEY PROVISIONS

EGTRRA PERMANENCE

The Act makes permanent the retirement savings provisions

of the Economic Growth and Tax Relief Reconciliation Act of

2001 (EGTRRA). EGTRRA made a number of changes affecting

retirement plans and individual retirement accounts. These

provisions were scheduled to expire after December 31, 2010,

with the exception of the Saver’s Credit, which was due to

expire after 2006. The Act removes these expiration dates,

making virtually all retirement plan-related EGTRRA changes

permanent. The major EGTRRA retirement provisions that

would be made permanent rather than sunset at the end

of 2010 include:

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THE PENSION PROTECTION ACT OF 2006EGTRRA PERMANENCE

EGTRRA PROVISIONSPERMANENT

Effective: Plan years beginningafter December 31,2006

Makes permanent the increases in elective deferrals for 401(k), 403(b) and governmental 457(b) plans(inflation-adjusted).

Makes permanent the increases in elective deferrals limits for SIMPLE 401(k) and SIMPLE IRAs (inflation-adjusted).

Makes permanent the annual benefit limit under a defined benefit plan (inflation-adjusted).

Makes permanent the catch-up contributions for individuals age 50 and older (inflation-adjusted).

Makes permanent the increases in Traditional and Roth IRA contribution limits (inflation-adjusted).

Higher deductible amounts for employer contributions to employee retirement plans (inflation-adjusted).

Makes permanent the tax credit for pension plan start-up costs of small employers (maximum $500 per year for the first three years).

Percentage limit on total contributions for an individual participant under a defined contribution planwill remain at 100 percent of compensation.

Deduction limit for contributions to a defined contribution plan continues at 25 percent of aggregatecompensation (up to the compensation limit).

Makes permanent the rollovers between different types of retirement plans.

Employee elective deferrals will continue to be deductible in full, without regard to deduction limitations.

Limitation on contributions to a 457(b) plans continues to be computed separately from the limitationon deferrals under a 401(k) or 403(b) plan. As a result, employees of these entities may make twice the elective deferrals as other individuals.

Makes permanent the extension of Roth 401(k) and 403(b) plans.

Makes permanent the Saver’s Credit. This tax credit was set to expire after the 2006 tax year. Beginningin 2007, the adjusted gross limits are indexed for inflation (rounded to the nearest $500) and providesthat a worker may direct IRS to directly deposit any tax refund attributable to the saver’s credit into aretirement plan.

Makes permanent the increases in compensation that may be considered in calculating contribution/benefit limits.

Extends rules requiring automatic rollover of mandatory cash-out distributions between $1,000 and$5,000.

Makes permanent education IRAs.

Repeal of the “same desk” rule.

Repeal of the multiple-use test.

Plan loans to owner-employees (sole proprietorships, partner or S corporation) allowed.

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The new law makes it easier for employers to automatically enroll their employees into the company’s401(k) plan. In such an arrangement, employees must affirmatively opt-out in order not to participate.Employers make default contribution decisions.

Under the safe harbors, 401(k) plans must provide employees with an opportunity to change or electout of the automatic deferrals and must comply with safe harbor notice requirements. Employers canimplement automatic enrollment without applying it to existing employees who have either elected to participate in the plan or elected not to participate in the plan.

ADP and ACP nondiscrimination testing and top-heavy rules can be avoided with the adoptions of newsafe harbor automatic enrollment designs. Adoption of auto-enrollment is encouraged through the creation of a new Safe-Harbor 401(k) design alternative for 401(k) plans which employ auto-enrollmentprovisions and incorporate certain minimum default deferral rate requirements and minimum matchingcontribution requirements. The automatic enrollment safe harbors require the following minimum contributions:

• 3% of compensation for the 1st plan year;

• 4% of compensation for the 2nd plan year;

• 5% of compensation for the 3rd plan year; and

• 6% of compensation for any plan year thereafter.

Alternatively, the deferral could start out at a higher rate as long as it reaches the 6% minimum rate on schedule and does not exceed 10%.

The employer must match 100% of the first 1% of pay contributed by the employee, plus 50% of thenext 5% of pay (i.e., 3.5% would be the maximum required match). Deferrals in excess of 6% may notbe matched. Alternatively, the employer could make a 3% of pay non-elective contribution for all eligi-ble employees.

The participants must be 100% vested in employer matching or non-elective contributions after completing 2 years of service. As under current law, they are also subject to withdrawal restrictionsapplicable to elective deferrals. They cannot be withdrawn for hardships.

It allows employers to designate default investment options for automatic contributions without worrying about potential fiduciary liability, provided the default options comply with future Departmentof Labor regulations.

A 401(k), 403(b) and a governmental 457(b) plan with automatic enrollment must allow employees towithdraw their elective contributions within 90 days of their first contribution. When this withdrawaloccurs, the withdrawal will be taxed in the year of distributions, no early distribution tax will beimposed, and the withdrawal will not be treated as violating other restrictions imposed on distributionsnor counted in ADP tests.

The new safe harbor rules for automatic enrollment contributions apply to matching contributionsunder a 403(b) plan.

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AUTOMATICENROLLMENT

Effective: Plan Years BeginningAfter December 31,2007

THE PENSION PROTECTION ACT OF 2006OTHER PROVISIONS

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The Act creates a new prohibited transaction exemption permitting plan fiduciaries to be compensatedfor giving participants investment advice. A fiduciary that is a registered investment company, bank,insurance company or registered broker-dealer will be allowed to give investment advice if either itsfee does not vary based on the investment choices that participants make or its recommendations arebased on a computer model certified by an independent third party.

A “fiduciary advisor”, such as an insurance company, bank, investment advisor registered under theInvestment Advisors Act of 1940, a U.S. registered broker dealer, and affiliates, employees, agents,and registered representatives of such entities, can provide investment advice to participants and beneficiaries of participant directed plans under the following two scenarios:

(1) the fiduciary advisor's fees do not vary based upon the investment option selected. It should benoted that this rule already exists and this provision is merely being added to the statute; or

(2) advice can be provided based exclusively on a computer model certified by an independent third party (also known as “computer modeling”).

Plan sponsors (or similar fiduciaries) still retain fiduciary responsibility for the prudent selection andmonitoring of a fiduciary adviser under the Act.

The two new exemptions require the plan sponsor (or similar fiduciary):

(1) to authorize the investment advice program, and

(2) to review an annual audit of the program.

The in-house computer model provision will not currently apply to IRAs. Rather, the Act providesdetailed procedures for the DOL to follow to determine if IRA computer model advice is feasible,and if not, to determine the circumstances under which investment advice may be provided to IRAs.

Rollovers by Non-spouse BeneficiariesEffective: For Distributions Beginning After December 31, 2006

The new law allows non-spouse beneficiaries to roll over assets inherited from a qualified retirementplan into an IRA. The beneficiary will avoid tax on the rollover, and will be taxed only when the assetsare withdrawn. Previously, this tax treatment was available only for people who inherited retirementassets from a deceased spouse.

Rollover of After-Tax AmountsEffective: After December 31, 2006

The bill would expand the portability of after-tax amounts, allowing such rollovers between differenttypes of employer-sponsored plans [e.g., qualified plan to 403(b) plan, or vice versa]. This also shouldapply to the issue of rolling over designated Roth accounts under qualified plans into 403(b) plans,and vice versa.

Direct Rollovers from Employer-Sponsored plans to Roth IRAsEffective: Beginning In 2008

Distributions from qualified plans, tax-deferred annuities, and governmental 457(b) plans (but not IRAs)may be rolled over directly to a Roth IRA, if the current law Roth IRA conversion rules are satisfied. It isimportant to remember that this will still be a taxable event at the time of the rollover, which couldimpact how much of the distribution the participant can afford to roll to the Roth IRA.

INVESTMENT ADVICE

Effective: Investment Advice provided afterDecember 31, 2006

INCREASED PORTABILITY FORQUALIFIED PLANS AND IRAS

THE PENSION PROTECTION ACT OF 2006OTHER PROVISIONS

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Employer nonelective contributions to defined contribution plans are subject to faster vesting requirements. (Matching contributions are already subject to these vesting requirements).

• 100% vesting after 3 years of service; or

• The vested percentage determined under the following schedule:

- 20% after 2 years of service;

- 40% after 3 years of service;

- 60% after 4 years of service;

- 80% after 5 years of service; and

- 100% after 6 years of service.

The Act completely overhauls the funding rules for defined benefit plans in an attempt to make them

more secure. The new rules include the following changes:

• A plan’s funding target has been increased to 100% of the plan's accrued liabilities.

• After a phase-in period, the interest rate used for plan funding purposes will be based on the high-quality corporate bond yield curve, averaged over 24 months. Plan sponsors may elect to use the full yield curve without averaging.

• In determining the funded status of a plan, asset values can be based on the prior and current yearasset values.

• Unfunded liabilities must be amortized over a seven-year period.

• The IRS is required to prescribe a mortality table to be used for funding purposes.

• If a plan is "at-risk", it will be subject to higher required contributions and PBGC premiums.

There are new restrictions on the ability of underfunded plans to increase benefits.

Current rules prohibit defined benefit plans from distributing retirement benefits to active employeesbefore the plan's normal retirement age. The Act allows plans to distribute retirement benefits to activeemployees who have reached age 62, even if the plan’s normal retirement age is later than age 62.

FASTER VESTING OF EMPLOYER NONELECTIVE CONTRIBUTIONS

Plan Years beginningafter December 31,2006

DEFINED BENEFIT PLANS – FUNDINGREQUIREMENTS

The new rules, generally apply to plan years beginning in 2008, althoughtransition rules apply tothe 2006 and 2007 planyears.

PHASED RETIREMENTDEFINED BENEFIT PLANS

Effective:For distributions made in plan yearsbeginning afterDecember 31, 2006

THE PENSION PROTECTION ACT OF 2006OTHER PROVISIONS

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EXPANSION OF HARDSHIP WITHDRAWALS TONON-SPOUSES ANDDEPENDENTS

The Act requires theTreasury Department to expand the defini-tion of hardship, within 180 days of the date of enactment.

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For plan years beginning in 2010 and later, an “eligible combined plan” will allow elements of a defined-benefit pension to be combined with those of a 401(k) arrangement into a single plan.The plan will be limited to no more than 500 employees.

Key features include:

• Single plan and trust document.

• Single Form 5500.

• Each portion of the plan will be subject to its respective rules under the Internal Revenue Code andERISA.

• The defined benefit portion is required to provide either (1) a minimum benefit of 1 percent of finalaverage pay per year of service up to 20 years, or (2) a cash balance formula that increases with the participant’s age. Full vesting is required after 3 years.

• The 401(k) portion must constitute an automatic enrollment plan with a default deferral contributionof 4 percent of pay, provide a minimum match of 50 percent on the first 4 percent of pay, immediatevesting, and must satisfy other current safe harbor requirements. Amounts deferred or matchedabove those minimums will be subject to ADP/ACP testing.

• Nonelective contributions are permitted, but must be fully vested after 3 years.

• DB(k) is exempt from ADP/ACP and top-heavy testing. However, each portion of the DB(k) will have to separately satisfy coverage and other nondiscrimination requirements.

Currently, employers that sponsor both defined benefit plans and defined contribution plans face a combined limit on deductible contributions. The limit is the greater of the amount of the required minimum contribution to fund the defined benefit plan or 25% of compensation paid or accrued to plan participants during the year.

The deduction limits for employers who maintain both a defined benefit and defined contribution planhave been eased. After 2007, single-employer defined benefit plans that pay PBGC premiums will notbe subject to the overall limit.

In addition, for years after 2005, the limit will apply to contributions to a defined contribution plan onlyto the extent that the contributions exceed 6% of compensation. Elective deferrals would continue tobe disregarded from the deduction limits.

The Act requires the Treasury to issue regulations that would permit hardship withdrawals for hardshipsor unforeseeable emergencies of a person who is the participant’s beneficiary under the plan, even ifthat beneficiary is not the participant’s spouse or dependent.

NEW PLAN DESIGNCOMBINATION DEFINEDBENEFIT/401(k) PLANS –DB(k)

Effective:Plan years beginningafter December 31,2009

COMBINED DEFINEDBENEFIT AND DEFINEDCONTRIBUTIONEMPLOYER DEDUCTIONLIMIT CHANGE

Effective:Generally for taxableyears beginning afterDecember 31, 2007

THE PENSION PROTECTION ACT OF 2006OTHER PROVISIONS

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The Act limits the ability to mandate investments in employer stock. At least three materially differentalternative investment options other than employer stock must be made available. All participants mustbe allowed to diversify the investment of their elective deferrals and after-tax contributions. Those withthree or more years of service must be allowed to diversify the investment of other contributions madeon their behalf. In addition, an employee who has a right to diversify out of employer stock must receive30 days’ advance notice of such right, effective for plan years beginning in 2007 and later. The Actrequires the Treasury Department to issue a model notice.

Under current law, an individual who receives a retirement distribution before age 591⁄2, death, or dis-ability is generally subject to a 10% early withdrawal tax in addition to ordinary income taxes. The Actcreates an exception to the additional tax for distributions from an IRA, 401(k) plan, or other similararrangement to certain reservists who have been called to active duty.

Defined contribution plans must provide participants with quarterly benefit statements, if participantsdirect investments, or annual statements, if participants do not direct investments. For defined benefitplans, plan sponsors must provide a benefit statement every three years or notify participants annuallyof the availability of a benefits statement.

The Act exempts filing for one-participant plans with assets not in excess of $250,000 (rather than thepresent-law $100,000 threshold).

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DIVERSIFICATION OUTOF EMPLOYER STOCK

Effective:Plan years beginningafter December 31,2006

PENALTY-FREE EARLYDISTRIBUTIONS TOACTIVE DUTYRESERVISTS

To qualify for theexemption, the reservist must havebeen called up to active duty betweenSeptember 11, 2001 and December 31, 2007,for a period longer than 179 days.

PARTICIPANT BENEFITSTATEMENTS

These requirementsgenerally apply to planyears beginning after2006.

FORM 5500-EZ

Effective:Plan years beginningafter December 31,2006

THE PENSION PROTECTION ACT OF 2006OTHER PROVISIONS

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BLACKOUT NOTICES

Effective:Retroactive to the effective date underthe Sarbanes-Oxley Actof 2002

ERISA §404(c) LIMITEDPROTECTION ONINVESTMENT MAPPING

Effective: For plan years beginning afterDecember 31, 2007

A simplified Form 5500 would have to be available for plans with 25 or fewer participants, if the planmeets coverage without being combined with another plan, and no related group members or leasedemployees are covered by the plan.

ERISA generally requires every plan fiduciary and every person who handles funds to be bonded at noless than 10% of the funds handled with a minimum of $1,000 and maximum of $500,000. The bondingrequirement for plans that hold employer securities increases from $500,000 to $1,000,000.

Under changes made by the Sarbanes-Oxley Act of 2002, ERISA requires plan administrators to sendnotice of a “blackout period” to participants at least 30 days before beginning of the period. A blackoutperiod is generally any period during which a participant’s ability to direct assets (or obtain loans or dis-tributions) is temporarily suspended for a period of 3 consecutive days. Under the Act, blackout noticesare not required to be sent to single-participant (including plans that cover the spouse of the owner) orpartner-only plans (including plans that cover their spouses).

Frequently, participant-directed Defined Contribution plans decide to eliminate or replace one or moreinvestment funds. Part of that process often involves mapping, or automatically moving the assets in anold fund to a specified new fund with similar investment characteristics. The Act provides that, if certainrequirements are met, §404(c) protection will carry over to the investment in the new fund.

Taxpayers will be able to instruct the IRS to directly deposit their tax refund into an IRA. The IRS hascreated Form 8888 that allows taxpayers to designate their federal tax refund into as many as three different accounts, such as checking, savings and retirement account.

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SIMPLIFIED FORM 5500FOR SMALLER PLANS

Effective:Plan years beginningafter December 31,2006

FIDUCIARY BONDINCREASE

Effective:Plan years beginningafter December 31,2007

DIRECT DEPOSITOF A TAX REFUND INTO AN IRA

Effective: For taxable years beginning afterDecember 31, 2006

THE PENSION PROTECTION ACT OF 2006OTHER PROVISIONS

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Compliance with ERISA §404(c) provides fiduciaries with protection from participants’ decisions on how they allocate their Defined Contribution plan accounts among investment alternatives. Where participants have failed to exercise this responsibility with respect to assets in their account, the planmust have a default provision for the investment of those assets, and §404(c) protection is not available.

The Act directs the Secretary of Labor to issue regulations that will describe the types of default invest-ments that will provide §404(c) protection to fiduciaries. The regulations, which must be issued andfinalized very quickly, will contain information on appropriate default investments and the annual notice that must be provided to participants.

Defined benefit and money purchase pension plans are required to offer an annuity with a 50% survivor annuity. The Act additionally requires such plans to offer an annuity option with a 75% survivor annuity.

Generally, IRA owners who are age 701⁄2 and over may make tax-free IRA distributions (capped at$100,000 annually) to qualified charities.

This would not apply to distributions from SEP-IRAs or SIMPLE-IRAs.

Retired or disabled public safety officers (i.e., law enforcement officers, firefighters, rescue squad orambulance crew) may make an annual election to exclude up to $3,000 each year of distributions from a governmental plan, TSA or 457(b) plan directly paid to the insurer to cover premiums for suchcoverage on the taxpayer, spouse or certain dependents.

Amendments would be required by the end of the 2009 plan year. Governmental plans would have anadditional two years to amend.

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ERISA §404(c)DEFAULT INVESTMENTPROTECTION

Effective: For plan years beginning afterDecember 31, 2006

75% JOINT ANDSURVIVOR ANNUITYOPTION

Effective:For plan years beginning afterDecember 31, 2007(later for collectivelybargained plans)

IRA CONTRIBUTIONSFOR CHARITABLEPURPOSES

Effective: Applies only to distributions in 2006 and 2007

TAX-FREE PENSIONDISTRIBUTIONS TO PAYPREMIUMS FOR HEALTHAND LONG-TERM CAREINSURANCE FORCERTAIN PUBLIC SAFETY OFFICERS

Effective: Beginning in 2007

AMENDMENTS

THE PENSION PROTECTION ACT OF 2006OTHER PROVISIONS

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MetLife Life and Annuity Company of ConnecticutMetLife Insurance Company of ConnecticutOne CityplaceHartford, CT 06103-3415

0609-2223 Design: MetLife Creative Services QP60014467067 LCN: T1540 (exp1207)© 2006 METLIFE, INC. PEANUTS © United Feature Syndicate, Inc.

Please note: This information is just an initial summary of the legislation. It should not be relied on, as many of the Act’sprovisions are subject to further regulatory guidance and interpretation. The summary is provided for informational purposes only and is not intended as tax or legal advice.

Annuities are issued by MetLife Insurance Company of Connecticut or MetLife Life and Annuity Company of Connecticut,One Cityplace, Hartford, CT 06103-3415, depending on the jurisdiction. The issuing company will be reflected on the contract. In New York, contracts are issued by MetLife Insurance Company of Connecticut. Products are distributed byMetLife Investors Distribution Company, 5 Park Plaza, Suite 1900, Irvine, CA.

Variable Annuities are long-term investments that may be appropriate for retirement savings.

A prospectus (or a product disclosure memorandum) for variable annuities issued and/or distributedby MetLife Investors Distribution Company and for the investment portfolios are available from yourfinancial professional or in the annuity sales kit. The contract prospectus contains information aboutthe contract’s features, risks, charges and expenses. The investment objectives, risks and policies ofthe investment options, as well as other information about the investment options, are described intheir respective prospectuses. Please read the prospectuses and consider this information carefullybefore investing. Product availability and features may vary by state.

MetLife variable annuities have limitations. There is no guarantee that any of the variable investmentoptions in this product will meet their stated goals or objectives. The account value is subject to market fluctuations so that, when withdrawn, it may be worth more or less than its original value.All product guarantees are based on the claims-paying ability of the issuing insurance company.

Pursuant to IRS Circular 230, MetLife is providing you with the following notification: The informa-tion contained in this document is not intended to (and cannot) be used by anyone to avoid IRS penalties. This document supports the promotion and marketing of insurance products. You shouldseek advice based on your particular circumstances from an independent advisor — Neither MetLifenor its representatives provide tax or legal advice.

Purchase of the contract through a qualified plan does not provide any additional tax deferral benefits beyond those alreadyprovided through the plan. If you are purchasing the contract through a plan, you should consider purchasing it for its deathbenefit, annuity options, and other non-tax-related benefits.