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Life Health > Annuities

How the Consolidated Appropriations Act, 2023 Affects Annuities

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What You Need to Know

  • Annuity provisions are in an appropriations bill because of how Senate rules work.
  • One change could make QLACs, or deferred income annuities, more popular with clients.
  • Another change could increase the number of ETF options available inside annuities.

Signed into law by President Joe Biden on Dec. 29, the Consolidated Appropriations Act, 2023 governs U.S. spending until the end of the fiscal year, on Sept. 30.

The bill contains a little bit of everything, including provisions that affect annuities.

If you’re looking for topics you can use to start conversations with consumers, and you’re just starting to think about what the CAA, 2023 means for retirement savers, here’s a primer.

Why Annuity Provisions Are in an Appropriations Act

The Consolidated Appropriations Act is an “omnibus” budget bill, meaning that it contains many different provisions.

Under the Senate’s usual rules for debate, ordinary bills need at least 60 votes to reach the Senate floor.

The Senate has a special legislative process for budget-related legislation, the budget reconciliation process, that makes passage easier for one, and, in some cases, two budget bills per year, but reducing the number of votes needed for Senate passage to 51.

That’s why appropriations bills tend to be omnibus bills that contain many different provisions: Given how the Senate works, attaching many things to one big, must-pass bill makes sense.

Putting the annuity provisions in CAA, 2023 helped the provisions get through the Senate with just 51 votes.

Changes to QLACs

QLACs, or “qualified longevity annuity contracts,” are deferred fixed annuity contracts purchased with money from a retirement account like an IRA or 401(k).

These annuities are great for retirees concerned about outliving their savings, and they have tax benefits, as well.

Previously, lifetime contributions to QLACs were limited to the lower of $135,000 or 25% of the amount of the retirement account. That limited the income one could receive from a QLAC.

The CAA, 2023 eliminated the percentage cap altogether and increased the dollar amount to $200,000. The dollar amount will be adjusted for inflation, as well.

This means retirees can move the bulk of their retirement account into a QLAC to avoid required minimum distribution deadlines, or simply to stretch their savings.

Retirees with a lower level of savings also have more incentive to choose QLACs.

ETF Changes

Prior to passage of the CAA, 2023, variable life insurance and annuity plans that included exchange-traded funds were in legal limbo.

The CAA, 2023 cleared up the legal conflicts and put ETFs on a more solid footing.

We expect ETFs to become a bigger part of variable annuities. The number of variable annuity options may also increase.

It’s Easier to Keep an Annuity in a 401(k)

Previously, people who held an annuity inside their 401(k) may be hit with a higher RMD than those who didn’t have an annuity.

With the passage of CAA, 2023, that problem should be resolved. This change is effective immediately.

As what was an effective penalty on annuities inside 401(k) plan accounts is now removed, we expect more consumers to add annuities to their existing plans.

Changes in Pension Buyouts

As defined pension plans fall out of favor with employers, more employers are offering buyout options for participants still drawing benefits from the plans.

In the past, plans didn’t have to offer much information along with the buyout offer.

Thanks to CAA, 2023, pension plans proposing a buyout now have to provide information about what an equivalent commercial annuity might cost.

The plans must also submit the results to the Pension Benefit Guaranty Corp., a government agency that secures defined-benefit pensions.

With this change, consumers will get a lot more information on annuities. And we can expect that many will choose to move their defined benefit pension into an annuity plan.

The Takeaway

There are many changes in the CAA, 2023 for annuities.

Understanding what these mean in practice is essential for savers.

Consumers need to talk to someone like you to find out what the changes mean for their retirement savings.


John StevensonJohn Stevenson is a retirement and wealth strategist based in Las Vegas.

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