Pension Plan Limitations for 2013

The Internal Revenue Service has announced the annual cost-of-living adjustments applicable to dollar limitations for pension plans and other retirement-related items for Tax Year 2013. Many of the pension plan limitations will change for 2013 because the increase in the cost-of-living index met the statutory thresholds that trigger their adjustment. However, other limitations will remain unchanged.

Limitations that Have Increased

  • Limitations Adjusted under, or by Reference to, Code section 415
    • The maximum amount of elective deferrals that may be made to 401(k) plans, 403(b) plans, simplified employee pensions (“SEPs”), and 457(b) plans is increased from $17,000 to $17,500 (Code sections 402(g)(1) and 457(e)(15)).
    • The limitation on annual additions under defined contribution plans is increased from $50,000 to $51,000 (Code section 415(c)(1)(A)).
    • The annual limit on compensation for plan purposes is increased from $250,000 to $255,000 (Code sections 401(a)(17), 404(l), 408(k)(3)(C), and 408(k)(6) (D)(ii)).
    • The limitation on annual benefits under a defined benefit plan is increased from $200,000 to $205,000 (Code section 415(b)(1)(A)).
    • The adjustment to the limitation on annual benefits is made under a special rule that takes into account recent history of changes in the cost-of-living. For participants who separate from service before January 1, 2013, the defined benefit limitation under Section 415(b)(1)(B) is computed by multiplying the participant’s compensation limitation, as adjusted through 2012, by 1.0170. (Code section 415(b)(1)(B), Regs. section 1.415(d)-1(a)(2)(ii)).
    • The dollar amount for determining the maximum account balance in an employee stock ownership plan subject to a 5-year distribution period is increased from $1,015,000 to $1,035,000, while the dollar amount used to determine the lengthening of the 5-year distribution period is increased from $200,000 to $205,000 (Code section 409(o)(1)(C)(ii)).
    • The annual compensation limitation for eligible participants in certain governmental plans that, under the plan as in effect on July 1, 1993, allowed cost-ofliving adjustments to the compensation limitation under the plan to be taken into account, is increased from $375,000 to $380,000 (Code section 401(a)(17)).
    • The limitation on the exclusion for elective deferrals to SIMPLE retirement accounts is increased from $11,500 to $12,000 (Code section 408(p)(2)(E)).
  • Limitations Adjusted under other Sections of the Code
    • The adjusted gross income limitation that applies to the 50% level of retirement savings contribution credit for qualified retirement savings contributions is increased as follows (Code section 25B(b)(1)(A)):
    • For married taxpayers filing a joint return, the limitation is increased from $34,500 to $35,500.
    • For a taxpayers filing as head of household, the limitation is increased from $25,875 to $26,625.
    • For all other filers, the limitation is increased from $17,250 to $17,750.
    • The adjusted gross income limitation that applies to the 20% level of retirement savings contribution credit for qualified retirement savings contributions is increased as follows (Code section 25B(b)(1)(B)):
    • For married taxpayers filing a joint return, the limitation is increased from $37,500 to $38,500.
    • For a taxpayers filing as head of household, the limitation is increased from $28,125 to $28,875.
    • For all other filers, the limitation is increased from $18,750 to $19,250.
    • The adjusted gross income limitation that applies to the 10% level of retirement savings contribution credit for qualified retirement savings contributions is increased as follows (Code section 25B(b)(1)(C) and (D)):
    • For married taxpayers filing a joint return, the limitation is increased from $57,500 to $59,000.
    • For a taxpayers filing as head of household, the limitation is increased from $43,125 to $44,250.
    • For all other filers, the limitation is increased from $28,750 to $29,500.
    • The deductible amount for an individual making qualified retirement contributions is increased from $5,000 to $5,500 (Code section 219(b)(5)(A)).
    • The applicable dollar amount used for determining the deductible amount of an IRA contribution is increased as follows:
    • For a taxpayer who is an active  participant filing a joint return or filing as a qualifying widow(er), the applicable dollar amount is increased from $92,000 to $95,000 (Code section 219(g)(3)(B)(i)).
    • For a taxpayer who is not an active  participant but whose spouse is an active participant, the applicable dollar amount is increased from $173,000 to $178,000(Code section 219(g)(7)(A)).
    • The applicable dollar amounts for all other  taxpayers (other than married taxpayers filing separate returns) is increased from $58,000 to $59,000 (Code sections 219(g)(3)(B)(ii)).
    • The adjusted gross income limitation used for determining the maximum Roth IRA contribution is increased as follows:
    • For married taxpayers filing a joint return  and  for a taxpayer filing as a qualifying widow(er) the limitation is increased from $173,000 to $178,000 (Code section 408A(c)(3)(B)(ii)(I)).
    • For all other  taxpayers (other than  married taxpayers filing separate returns) the limitation is increased from $110,000 to $112,000 (Code section 408A(c)(3)(B)(ii)(II)).
    • The dollar amount used to determine excess employee compensation with respect to a singleemployer defined benefit pension plan for which the special election under section 430(c)(2)(D) has been made is increased from $1,039,000 to $1,066,000 (Code section 430(c)(7)(D)(i)(II)).

Limitations which Remain Unchanged

  • The maximum amount of catch-up contributions that individuals aged 50 or over may make to 401(k) plans, 403(b) plans, SEPs, and 457(b) plans remains unchanged at $5,500 (Code section 414(v)(2)(B)(i)).
  • The maximum amount of catch-up contributions that individuals aged 50 or over may make to SIMPLE 401(k) Plans or SIMPLE Retirement Accounts remains unchanged at $2,500 (Code section 414(v)(2)(B)(ii)).
  • The dollar limitation used for the definition of key employee in a top-heavy plan remains unchanged at $165,000 (Code section 416(i)(1)(A)(i)).
  • The limitation used in the definition of highly compensated employee remains unchanged at $115,000 (Code section 414(q)(1)(B)).
  • The minimum compensation amount used for determining required participation in SEPs remains unchanged at $550 (Code section 408(k)(2)(C)).
  • The compensation amounts used in defining “control employee” for fringe benefit valuation remains unchanged at $100,000 for Board or shareholder appointed, confirmed, or elected officers of the employer, and at $205,000 for all other employees of the employer (Reg. sections 1.61-21(f)(5)(i) and 1.61-21(f)(5)(iii)).

Quick reference guide to recent changes in key limitations

 

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