The SECURE 2.0 Act of 2022, which was passed in December 2022, is retirement reform legislation that aimed to increase retirement access and security for Americans. While the legislation’s focus was on defined contribution plans, it still had an impact on annuities. For instance, Section 201 of the SECURE 2.0 act removes availability barriers to some life annuities in tax-advantaged retirement accounts. Before the bill was passed, required minimum distribution tests limited the availability of some lifetime annuities which had large benefit increases from year to year. The passage of the bill now allows these annuities to increase at a constant percentage, no more than 5% per year. In addition, Section 202 seeks to make Qualified Longevity Annuity Contracts (QLAC) easier to invest in. The section raises the cap to $200,000 on how much money a participant can use from their retirement account to purchase a QLAC. Previously, it used to be either 25% of the account’s value or $125,000, whichever was greater. Plus, Section 204 allows a retiree with a partially annuitized plan to combine the payments from both the annuity and the plan to calculate their required minimum distribution, according to Elizabeth Dold, a tax attorney and executive committee member at the Groom Law Group. Before the bill, the two accounts had to be separated, each with its own RMD calculation, which could result in higher RMD payments than if they were counted together.

Finsum:While the SECURE 2.0 Act focused on DC plans, the legislation made changes to annuities such as removing availability barriers to some life annuities in tax-advantaged retirement accounts and making QLACs easier to invest in.

While markets in 2022 were crushing for many, some portfolio managers at Capital Group are seeing brighter days ahead this year, but are still playing it safe. At a webinar revealing the firm’s asset allocations for this year, managers stated that they are reacting to a changing environment and that the market’s direction will depend on the movements of the Federal Reserve. John Queen, fixed-income portfolio manager said, “The key is inflation, and the path inflation takes from here is really going to determine what the macro environment looks like, what happens with interest rates here in the U.S., and then how aggressively the Fed is willing to combat that inflation if it stays somewhat elevated.” While the adjustments that the firm is making to its model portfolios are small, they are tilting away from growth and moving toward income, according to the panel. For instance, in its growth and income model portfolio, Capital Group moved 5% of its allocation out of a balanced fund and into a diversified fixed-income fund. Michelle Black, another solutions portfolio manager at the firm stated, “For a 20-year horizon, the starting point matters, and starting after a down year means positive outcomes for long-term investors. It’s probably not surprising to hear we have higher expected returns across the board versus one year ago, stemming really from more attractive valuations, especially in fixed income.”

Finsum:Capital Group portfolio managers are tilting away from growth and moving towards income in their model portfolios due to attractive valuations in fixed income.

On Monday, the Securities and Exchange Commission warned that broker-dealers are using outdated systems to ensure Regulation Best Interest compliance, resulting in violations in areas such as rollover and account recommendations. In a recently released Risk Alert, the SEC’s exam division points to several compliance deficiencies that it has found during exams. Following Reg BI’s June 30, 2020, compliance date, the Division of Examinations started conducting broker-dealer exams to assess compliance with the rule. The risk alert calls attention to deficiencies noted during exams, and examples of weak practices that could result in deficiencies. The Risk Alert stated that moving forward, the exam division intends to incorporate compliance with Reg BI “into retail-focused examinations of broker-dealers, particularly those that include sales practices within the scope of the examination.” According to the SEC, broker-dealers are relying “heavily on surveillance systems that existed before the effective date” of Reg BI “without considering whether those systems needed modification.” The SEC also found conflict of interest failures such as broker-dealers not having written policies and procedures on how conflicts are to be identified or addressed and failures to disclose information on website postings. Other failures included registered reps acting in multiple roles, and the failure to disclose that these “multiple relationships require disclosures of capacity and may require additional disclosure of conflicts.”

Finsum:The SEC recently issued a Risk Alert, warning broker-dealers that they are using outdated systems to ensure Reg BI compliance, resulting in violations in rollover and account recommendations.