October 19, 2012

IRS Announces 2013 Dollar Limitations for Employee Benefit Plans

By: Bruce Ashton and Joshua Waldbeser

The IRS just announced the new dollar limits for contributions and benefits in retirement and certain deferred compensation plans for 2013.  The new limits are the result of the application of statutory cost-of-living adjustments (COLAs).  We have set out a chart summarizing the key limits below. 

Since plans generally incorporate COLAs by reference, no plan document amendments should be required on account of the 2013 limit increases.  However, plans that are established or restated in 2013, and SPDs that are required to be updated in 2013, should reflect the updated dollar amounts.   

In addition, employers may wish to communicate some of these changes to employees before the end of 2012.  For example, to help ensure that employees maximize their tax-deferred savings opportunities in the coming year, it may be advisable to inform them of the increase to the limit on elective deferral contributions to 401(k), 403(b) and 457(b) plans from $17,000 to $17,500.  Many employees may have elected to make the maximum deferral amount applying the 2012 limit, and they may wish to make corresponding adjustments before the new year.

Summary of Key Dollar Limits for Employee Benefit Plans

 

New Limit for 2013

Old Limit for 2012

401(k), 403(b) and 457(b) Elective Deferral Limit

$17,500

$17,000

Age 50 Catch-Up Contribution Limit (no change)

$5,500

$5,500

Defined Contribution Plan Annual Contribution Limit

$51,000

$50,000

Defined Benefit Plan Annual Benefit Limit

$205,000

$200,000

Annual Compensation Limit

$255,000

$250,000

Highly Compensated Employee Compensation Threshold (no change)

$115,000

$115,000

Top Heavy Key Employee Threshold (no change)

$165,000

$165,000

ESOP Maximum Balance for 5-Year Payout Period

$1,035,000

$1,015,000

Minimum Amount Over Minimum Balance for Lengthening of
5-Year ESOP Payout Period

$205,000

$200,000

 

If you have any questions or would like assistance with any of the matters discussed in this Alert, please contact any member of our Employee Benefits and Executive Compensation Practice Group.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.

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