PUBLICATIONS

Legal Alert: IRS Announces 2013 Cost-of-Living Increases to Pension Plan Limits

Date   Oct 19, 2012
On October 18, 2012, the Internal Revenue Service announced cost of living adjustments affecting various limitations applicable to pension and other retirement plans (IR 2012-77).

On October 18, 2012, the Internal Revenue Service announced cost of living adjustments affecting various limitations applicable to pension and other retirement plans (IR 2012-77). Many of the limitations remain unchanged because they are indexed in $1000 or $5000 increments, but several will change for 2013. Some of the better-known limitations are:

  • The limitation on elective deferrals (salary reduction contributions) under 401k, 403(b), and most 457(b) plans, as well as the federal government's Thrift Savings Plan, is increased from $17,000 to $17,500.
  • The limit on "catch-up contributions" for those who are age 50 and over remains unchanged at $5,500 ($2,500 for SIMPLE Plans; $1,000 for IRAs).
  • The limit on compensation that may be taken into account under a plan is $255,000, up from $250,000.
  • The overall limitation on "annual additions" to a participant's account under a defined contribution plan is increased from $50,000 to $51,000.
  • The basic limitation on the annual benefits under a defined benefit plan is increased from $200,000 to $205,000.
  • The dollar thresholds for determining who is a "highly compensated employee" and which officers are "key employees" remain at $115,000 and $165,000, respectively.
  • The contribution limitation applicable to SIMPLE IRAs and 401(k)'s increases from $11,500 to $12,000.
  • The minimum compensation that may be required for participation in a SEP is unchanged at $550.
  • Deductions for IRA contributions will phase out between $59,000 and $69,000 of AGI (previously $58-68,000) for single individuals and unmarried heads of household who are covered by an employer's retirement plan; for married couples filing joint returns, the phase-out occurs between $95,000 and $115,000 of AGI (previously $92-112,000) where the contributing spouse is covered by an employer's plan, or between $178,000 and $188,000 (previously $173-183,000) where only the noncontributing spouse is covered by an employer's plan.
  • The phase-out for taxpayers making contributions to a Roth IRA occurs between $178,000 and $188,000 (previously $173-183,000) for married couples filing jointly, and between $112,000 and $127,000 (previously $110-125,000) for unmarried individuals. (For married individuals filing a separate return and who are covered by an employer's retirement plan, the phase-out range remains at $0 to $10,000.)
  • The maximum contribution to regular or Roth IRAs increases from $5,000 to $5,500.
  • The Social Security Taxable Wage Base increases to $113,700 from $110,100.

Notice 2012-77 covering these and other changes is at http://www.irs.gov/pub/irs-news/IR-12-077.pdf .

The changes to Social Security-related limits and thresholds can be found at http://www.ssa.gov/pressoffice/factsheets/colafacts2013.htm.

If you have any questions regarding the new limitations, please feel free to contact the author of this Legal Alert, Jeffrey Ashendorf, jashendorf@fordharrison.com, any member of FordHarrison's Employee Benefits Practice Group or the FordHarrison attorney with whom you usually work.