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Intro: Hi, I'm Ed Slott,
and I'm Jeff Levine.

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And we are two guys who just love
to talk about retirement and taxes.

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Look, our mission is simple to educate
you, the savers, so that you can make

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better decisions because better decisions
on the whole lead to better outcomes.

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And here's how we're going to do that.

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Each week, Jeff and I will debate the pros
and the cons of a particular retirement

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strategy or topic with the goal helping
you keep more of your hard-earned money.

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Yeah, but we won't know which side of
the debate we're taking until we flip a

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coin winner of the coin flip gets to pick
which side of the debate they want to

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argue, and both of us will have to argue
in favor of our respective positions,

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whether we agree with them or not.

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At the end of each debate, there's
going to be one clear winner you, a more

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informed saver who can hopefully apply
the merits of each side of the debate

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to your own personal situation to decide
what's best for you and your family.

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So here we go.

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Welcome to the Great Retirement Debate.

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Jeffrey Levine: All right.

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Welcome back to the
Great Retirement Debate.

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Ed, good to be with you again today.

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Ed Slott: Yep.

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We're back now on part two of
Secure 2.0, that new tax law.

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Last version we did Part one, our Deal
or No Deal on the RMD required minimum

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distribution provisions a lot there.

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Now, today we're going to switch to the
Roth provisions, Roth IRAs and Roth 401ks.

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Jeffrey Levine: You know that
old song, that kid song, like

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99 bottles of Beer on the Wall?

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I kind of feel like we're running through
like 99 provisions and almost is 99

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provisions in this, uh, in this bill.

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All right, so we're gonna
do Roth provisions today.

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Yes.

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Ed Slott: Yes.

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And we're going to follow suit.

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We flipped the coin last
time and I picked no deal.

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Which was easier for me on those
RMD provisions and you had a tough

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time, uh, defending some of that.

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So I'll stick with my no deal,
uh, because it may be tougher for

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me on, on these Roth provisions,
especially since I love everything

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about Roth IRAs cause I like tax free.

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So why don't....

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Jeffrey Levine: You know what you are Ed?

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You are a Rothaphile,
I just realized that.

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Ed Slott: Yeah.

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Okay.

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, 
Jeffrey Levine: You're
you're a Rothaphile.

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Ed Slott: Uh, yeah.

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Whatever's tax free a file is what I am.

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Keep more of your hard-earned money.

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So let's start with the most recognizable
actually has to do with RMDs.

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Where we left off last time in Roth 401Ks.

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Roth IRAs have never had required minimum
distributions during your lifetime.

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That's all I'm talking about.

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Not beneficiaries, but when Roth 401ks
came out, uh, for some reason, maybe

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it was an unintended consequence.

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They did have lifetime
RMDs for those people.

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Had Roth plans in their workplace
plan like a Roth 401k, and that

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seemed to be a problem because
they weren't treated the same.

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Now, uh, they will be treated the
same starting next year, 2024.

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Why would I say there's no deal there?

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Uh, I wouldn't, I don't, I
don't have anything on that one.

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I don't see anything negative.

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I think it's uh, that provision is great
that, uh, they finally got around to it.

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You'll just have to wait till next year.

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If I had anything
negative, uh, say no deal.

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Uh, most people in plans probably
weren't subject to RMDs anyway, even

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when they were past the age if they
were still working, because lots of

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companies have these still working
exceptions where you can delay RMDs

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in a company plan, not an IRA if
you're still working for that company.

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So, other than that, that's my only no
deal part, that it's not as big a deal.

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Jeffrey Levine: Well, I think it's a
pretty big deal because the fact of the

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matter is if you have money in a tax-free
account, Ed, you know, you just said it.

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You love anything tax free.

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Ed Slott: That's right.

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Jeffrey Levine: So why would you take
money from something that's tax free

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and move it to anything else unless
you needed to spend those dollars.

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So the fact is that now individuals
who have their hard-earned money

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in a 401k, but the Roth side of the
401k won't be forced to do that.

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They'll be able to continue to let
that money compound for their entire

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lifetimes, 100% tax and penalty free.

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That means more for later in
life when they really need it.

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That means more for spouses when
they inherit that dollar, those

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dollars, that means more for
beneficiaries if they get it.

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So all in all, this is
a, a pretty big deal.

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And you know what, I'll say
it's a big deal cuz it actually,

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in general, the Secure Act 2.0
does nothing for simplification.

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It just complicates matters absurdly.

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But this is one kind of corner of
the universe where they actually did

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make things a little bit simpler.

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Now, if you have a Roth account, it has
no required minimum distribution before,

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as you said, we had to keep track.

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Is it a Roth IRA?

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Is it a Roth 401k, or 403b etc.

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Now, I don't care.

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Your account is a Roth, and again,
this is beginning next year in 2024.

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But I don't care now, it's just you don't
have required minimum distributions.

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So anytime we can get any
sort of simplification, Ed,

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it's gotta be a big deal.

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Ed Slott: I agree.

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I had a tough call on
saying no deal on that.

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Uh, but like I said, some people may
not, it may not affect as many people

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as you think because they, uh, may
have had that still working exception.

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But the other thing, I'll have to take
one other point on your side, some people

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may have wanted to keep, you know, uh,
their money in a Roth 401k in the past.

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To, to avoid RMDs and the plans
you would roll out to a Roth IRA,

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but for certain reasons, creditor
protection, uh, investment of whatever.

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There could have been reasons you
wanted to keep it in the 401k.

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Now you can in the Roth 401k and not be
subject to lifetime RMDs for that money.

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All right, next provision deal or no deal?

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The 529 to Roth IRA rollovers,
so I'm calling no deal on that

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even though I like the provision.

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I'll give you the basics of the provision
for years people built up, uh, subs uh,

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some people built up substantial accounts
in their 529 education funding accounts,

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and now they have too much in there.

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Maybe their child didn't go to
school or they got a scholarship

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or something like that, and the
money can't be used for education.

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If it's not used for education, uh,
the earnings could be subject to

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tax and even a 10% penalty if it's
not used for qualified education.

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This provision, if you just look at the
headline, it sounded great, and all the

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advisors were jumping all over and say,
wow, 529s to Roth, tax free rollovers.

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I have clients with 200,000, 300,000.

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In fact, uh, you had a piece in
the New York Times and in one

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that re that, uh, we're going to
link if we can to, that pro...

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that article linked to one of
your articles talking about these,

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uh, these large accounts, right?

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Jeffrey Levine: Yeah, that's right.

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The, the so-called Dynasty 529 plan is
what, what I, what I refer to it as.

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It just simply refers to the ability
of basically to accumulate obscene

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amounts of, of money inside 529 plans,
and then change your beneficiaries,

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for potentially generations in order
to continue to use these dollars.

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So yeah, I appreciate the plug , Ed,
and uh, I owe you one, I guess.

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So your case of brandy is on the way.

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Ed Slott: Yeah, yeah.

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Uh, meanwhile that's the deal part, but
that's all a lot of advisors and even the

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public saw, they only saw the headlines.

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Uh, well now I may have
to burst a few bubbles.

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If you're an advisor out there
or a consumer and saying, wow,

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this is great, I have 200,000.

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Um, it'll never be used for education.

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I, I, I can't see how.

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Wow.

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I could roll it to a Roth and, uh,
tax free and now build it up in a

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Roth or with all the Roth rules.

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No.

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There are severe limitations.

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It's not all it was cracked up to be.

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Uh, and I'll tell you number one,
it has to go to the beneficiaries.

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Roth IRA, this rollover.

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All right, not a big deal.

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Like you said, change beneficiaries.

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That's no big deal.

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Not available till 2024.

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Not a big deal.

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You can wait.

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Here are the big deal limitations.

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You must to qualify for the
rollover from the 529 to the Roth.

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The account must, the 529 must have
been in existence for 15 years.

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That could throw off a lot of
people, even if you met that.

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It's like each hurdle, each time you
get past a hurdle, there's another

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one that may be tougher to hit.

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So let's say you got past that, then
any contributions that were made in

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the last five years don't qualify.

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All right.

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Maybe you got past that one.

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And now the big one where people, where
everybody was licking their chops.

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Wow, look at all this money.

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I can get into a roth.

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No, there's a limitation.

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A $35,000 lifetime, $35,000
lifetime limitation.

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So you say, all right, I can move 35,000.

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No, you can't.

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The , the, uh, 35,000 can only be
moved in increments of whatever the

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annual contribution is for that year.

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Now, this is not available till 24.

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We don't know what the annual IRA
or Roth IRA contribution limit will

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be next year, but, For arguement say
now it's 6,500 without the catch up.

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Let's say, uh, it went up to
7,000 just to make the math easy.

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7,000.

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It would take five years
to get that 35,000 out.

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But even then, if you say, all right,
I'll wait the five years and use

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the 35,000, it only works if the
beneficiary would otherwise have

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qualified for his or her own IRA
or Roth IRA contribution by having,

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uh, wages or self-employment income.

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So as we get down the ladder of all these,
uh, of all these limitations, you're

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going to see, yes, it can help with some
small balances and the ideas good, or

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to chip away at some larger balances.

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Uh, if there's, uh, any way to
expand it, it might be that it's,

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we believe it's per beneficiary.

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Jeffrey Levine: That's right.

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Yeah.

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And I think it's a pretty big deal,
Ed, because you know, right now

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retirement accounts are kind of
like, they're on their own island.

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They basically can only
transfer money from retirement

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account to retirement account.

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And you know, there are
just things that happen.

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And, and by the way, not only
can they only transfer money from

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retirement account, retirement
account, but they can only take

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money from other retirement accounts.

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You know, you can't decide like, Ooh,
my HSA, I wanna move it in there.

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There is a one-time ability to go from
your IRA to an HSA, but it's very limited.

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Probably most people on here have never
even heard of it, something called a

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qualified HSA funding distribution.

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That's an ability, once in a lifetime to
take one year's worth of contributions,

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uh, from your IRA and move it into an HSA.

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But in, in general, we're
talking about isolating money

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in their own respective buckets.

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This is a, a change to that philosophy.

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And you know, a lot of times
Congress is, you know, they're like

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a little kid going to the beach.

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They don't just run in, they
dip their toe in the water and

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they see how it goes first.

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And, uh, this might be Congress
starting to dip its toe in the

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water and saying, you know what?

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We're gonna give people, uh, the
ability to redirect or change the

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reason, the purpose that they were
saving for tax preference money.

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And right now there are a
number of reasons, right?

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It could be.

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For, uh, you have health, you have
education, you have retirement.

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Right now, they're largely
siloed in their own buckets.

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Maybe this is the beginning of,
uh, of a, of a, of a new trend

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for Congress to just allow almost
universal style tax preferenced

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savings accounts, which a lot of people
have been clamoring for, for years.

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Ed Slott: Yeah, the 35,000 limit though
is a kind of a killer and you may even

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be the blame for it, if I had to blame
somebody probably that times article.

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Jeffrey Levine: Thank you.

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Thank you.

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I appreciate all the hate
mail I'm gonna get now.

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Ed.

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Thank you.

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Yes.

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Ed Slott: Oh, probably
Congress was reading that.

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It was a full page, you know,
top, uh, front page in the New

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York Times business section.

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I could see Congress in there, what?

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Uh, no, no, no.

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We're not doing that.

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Jeffrey Levine: Well,
that's, uh, Hey, great.

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My mailbox is gonna be,
uh, stocked full of..

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Ed Slott: Well, you know what?

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Maybe they read your stuff.

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I don't know.

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Jeffrey Levine: Alright, well hopefully
they read somebody's stuff,  something

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because they don't read the bill.

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That's for sure.

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Ed Slott: Yeah.

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Right, right, right.

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Uh, about 350 pages of
the 4,000 page bill.

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All right, so there, there's
another provision on the Roth.

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Uh, one more, the plan this is
the 401k catchup contributions.

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Can only go in certain
instances to a Roth 401k.

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This is a special provision in
secure 2.0 for high income people,

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and the provision says, the catch up
contribution, if your wages from the

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company you're working for are in excess
of 145,000, you must, uh, you can,

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the catch up must go to the Roth 401k.

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I like the idea of a catchup, uh, you
know, loading up a Roth 401k, but it

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must go because you're high income.

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And, and what if the plan
doesn't have a, a Roth 401k?

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Then you have no catch up, so it takes
some of your choices away and some

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higher income people might want to keep
it in the 401, the tax deferred side.

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So, uh, I call no deal on that.

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The idea is good, but, uh, to me
personally, I like to see more

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people load up on Roth 401ks.

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But what's, say you on the big deal?

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Jeffrey Levine: Ed, you know, I'm gonna
have to take this, uh, to say it's a, it's

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a big deal, but for a negative reason.

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Precisely, uh, for some of the reasons
you stated and, and I'd start with

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the fact that this only applies to
individuals who have wages of more

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than $145,000 in the previous year.

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So we're talking about people with
relatively high incomes, at least compared

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to, you know, the American public at
large and American taxpayers at large.

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And if you have high income and you
think you might be in a lower tax

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bracket later on, maybe when you retire.

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You may be better off going into
the pre-tax account now and then

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converting maybe in a gap year in
between when you retire and when you

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start taking social security and start
taking required minimum distributions.

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But now you can't do that.

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So I think it's a big deal there.

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And perhaps the even bigger deal is that
not every plan has a Roth option today.

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And if there's one person who makes more
than $145,000, uh, $45,000 in wages in the

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previous year, and they are 50 or above.

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So basically like one eligible person
to make a catch up, who can't make

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because of the fact that there is no Roth
option in the plan, no one in the plan

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gets to make a catch up contribution.

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That's high income, low income.

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Roth, not Roth.

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Uh, so there's one, and I got
one other big deal for you, Ed.

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00:14:54,975 --> 00:14:57,615
Um, and that is, I think it'll get fixed.

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00:14:57,645 --> 00:15:03,495
I, I do think it'll get fixed before, but
as it stands now, Congress made a mistake.

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00:15:04,890 --> 00:15:05,190
Portion.

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00:15:05,330 --> 00:15:09,290
They accidentally deleted the
section of the law that allows for

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00:15:09,290 --> 00:15:11,300
catch up contributions, period.

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00:15:11,300 --> 00:15:15,590
So, although I think it'd be fixed
eventually, or IRS will just ignore

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00:15:15,595 --> 00:15:20,000
it, uh, it's a kind of a big deal that
Congress, you know, they they, they,

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00:15:20,090 --> 00:15:23,960
they put this thing together between the
Senate and the House version so quickly

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that they ended up in a scenario where
they accidentally deleted the entire

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00:15:28,610 --> 00:15:30,560
portion of the catch up contribution law.

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00:15:30,590 --> 00:15:30,830
Ed Slott: Yeah.

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It's called cut and paste.

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00:15:33,020 --> 00:15:34,550
Pretty much, except they forgot to paste.

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00:15:34,550 --> 00:15:35,960
Jeffrey Levine: They, I was, I
was gonna say, there's too much

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00:15:35,960 --> 00:15:37,400
cutting and not enough pasting here.

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00:15:37,400 --> 00:15:38,090
Yeah, indeed.

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00:15:38,150 --> 00:15:40,460
Ed Slott: All right, there's a
couple other miscellaneous things,

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00:15:40,520 --> 00:15:45,830
uh, just so we cover the, the Roth
provisions or as many as we can.

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00:15:46,400 --> 00:15:52,630
New beginning of SEP and simple Roth
IRAs and even matching contributions

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00:15:52,635 --> 00:15:57,290
to Roth, uh, 401ks, which none
of these were allowed before.

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00:15:57,290 --> 00:15:58,790
And, and they're allowed now.

306
00:15:59,090 --> 00:16:01,610
Uh, what's the downside of that?

307
00:16:01,790 --> 00:16:07,210
Well, I think it'll gonna take a while
to get into the system because the law

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00:16:07,210 --> 00:16:13,445
was enacted December 29th, so SEP and
Simple Roth IRAs became effective a few

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00:16:13,445 --> 00:16:15,965
days later, even if you wanted to do it.

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00:16:16,025 --> 00:16:19,085
I don't think any custodians
going to have the paperwork, the

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00:16:19,090 --> 00:16:22,595
administrative headaches of, of
getting these up and running.

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00:16:22,595 --> 00:16:26,815
Eventually it'll smooth out, but for right
now, it might be a rocky road on those.

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00:16:27,795 --> 00:16:30,915
Jeffrey Levine: Yeah, I, I think this is
also a big deal and I've gotta argue that.

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00:16:30,915 --> 00:16:35,910
So I have to think that and, and,
uh, you know that right now, It

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00:16:35,910 --> 00:16:40,830
is not everybody has the ability
to get money into a Roth early on.

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00:16:40,830 --> 00:16:45,060
For instance, you know, simple IRA
owners, they've had no ability to

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00:16:45,060 --> 00:16:48,570
get money into a Roth account for the
first two years of their plan because

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00:16:48,570 --> 00:16:52,660
they are stuck in the simple for two
years, you can't move it anywhere else.

319
00:16:53,350 --> 00:16:56,440
So the fact that you're able
to do this now, this is a, you

320
00:16:56,440 --> 00:16:57,730
know, that's a pretty big deal.

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00:16:57,910 --> 00:17:02,700
The fact that you are able to get
your employer to put money directly

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00:17:02,705 --> 00:17:06,400
into the Roth, now, yes, today,
practically speaking, it's not there,

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00:17:06,400 --> 00:17:07,690
but it'll be there soon enough.

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00:17:08,020 --> 00:17:10,090
And that eliminates a step.

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00:17:10,090 --> 00:17:13,630
And as we know, Ed, any time there
are steps involved in something,

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00:17:13,630 --> 00:17:17,320
anytime it, it takes, if it takes
three steps to do something, instead

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00:17:17,320 --> 00:17:20,335
of two, fewer people will do it even
if it's, it's in their best interest.

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00:17:20,695 --> 00:17:23,185
So re reducing friction here.

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00:17:23,425 --> 00:17:26,935
You know, one of the greatest
inventions for retirement security

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00:17:26,935 --> 00:17:32,215
over the last, uh, you know, last 25,
30 years has been auto enrollment.

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00:17:32,220 --> 00:17:32,665
Why?

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00:17:32,815 --> 00:17:36,625
Not because it allows people to get
into a plan where they weren't before,

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00:17:36,625 --> 00:17:40,730
but because it removes friction, it
takes away a step for them to do it.

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00:17:40,910 --> 00:17:44,360
So now the fact that people will be
able to have money go right into a Roth

335
00:17:44,360 --> 00:17:48,500
from their employer means more of them
will probably get that money in there.

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00:17:48,500 --> 00:17:51,410
And that could be a very good thing
for a lot of people down the road.

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00:17:51,530 --> 00:17:51,890
Big deal.

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00:17:51,890 --> 00:17:53,210
Ed Slott: Maybe it's a start of something.

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00:17:53,210 --> 00:17:55,130
They're opening up the
spigots for the Roth.

340
00:17:55,130 --> 00:17:55,430
Why?

341
00:17:55,435 --> 00:17:56,780
Because they need revenue.

342
00:17:56,780 --> 00:18:00,290
And that's where all these Roth
provisions are in secure 2.0 in

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00:18:00,290 --> 00:18:03,640
the revenue provisions because
it brings in money up front.

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00:18:03,640 --> 00:18:05,115
So I say take advantage.

345
00:18:05,115 --> 00:18:06,285
I'm a big Roth fan.

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00:18:06,525 --> 00:18:08,955
There're just a couple of bumps
in the road and hopefully we'll

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00:18:08,955 --> 00:18:13,155
get over a lot of these things,
including that one on the catch up.

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00:18:13,160 --> 00:18:16,155
But I, I don't even really address that
cause you know they're gonna fix that.

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00:18:16,455 --> 00:18:16,815
Jeffrey Levine: Yeah.

350
00:18:16,820 --> 00:18:17,985
I think at some point they will.

351
00:18:17,990 --> 00:18:18,435
I agree.

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00:18:18,440 --> 00:18:21,225
And, and Ed, I, I think, you
know, we agree on the fact that.

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00:18:21,635 --> 00:18:25,055
This is, you know, the Roth is
something that the government loves

354
00:18:25,055 --> 00:18:26,915
because it brings in money today.

355
00:18:26,915 --> 00:18:30,665
And so, while normally I'm hesitant
to say you can trust the government to

356
00:18:30,665 --> 00:18:34,595
keep its word about anything because
the laws get changed so quickly and one

357
00:18:34,600 --> 00:18:37,895
party comes in and changes the rules,
the other one may, this is one thing

358
00:18:37,895 --> 00:18:41,705
that everybody really likes because it
looks really good on a budget report

359
00:18:41,705 --> 00:18:43,365
when you bring in those dollars today.

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00:18:43,855 --> 00:18:44,390
Ed Slott: That's right.

361
00:18:44,390 --> 00:18:47,870
Short-term thinking, take advantage
of it for long-term planning.

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00:18:48,080 --> 00:18:48,710
Jeffrey Levine: That's right.

363
00:18:48,740 --> 00:18:50,300
Well, so we agree on that.

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00:18:50,300 --> 00:18:53,210
And Ed, one thing, the other, you know,
one other thing we always agree on is

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00:18:53,210 --> 00:18:58,430
the fact that while, uh, there are two
sides to every argument, to every coin.

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00:18:59,105 --> 00:19:02,825
Your life and your decisions are too
important to leave up to a coin flip, and

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00:19:02,825 --> 00:19:08,045
that's why one thing that we always agree
on is making sure that you talk through

368
00:19:08,045 --> 00:19:13,005
any big decision with a knowledgeable
financial advisor or tax professional

369
00:19:13,005 --> 00:19:16,715
so that you can weigh the pros and the
cons of different decisions against

370
00:19:16,745 --> 00:19:20,165
your specific goals and your objectives.

371
00:19:20,165 --> 00:19:24,790
It's too big of a deal not to
take advantage of that option.

372
00:19:24,790 --> 00:19:27,490
And so if you'd like to continue
the discussion with Ed and I, we'd

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00:19:27,490 --> 00:19:31,480
love to hear what you think of the
Secure Act 2.0 Roth provisions.

374
00:19:31,480 --> 00:19:33,760
Are they a big deal or
are they not a big deal?

375
00:19:33,760 --> 00:19:37,540
Which one do you think will have the
greatest impact on you and your family?

376
00:19:37,750 --> 00:19:42,340
You can reach out to us, uh, Ed
on Twitter @TheSlottReport that's

377
00:19:42,340 --> 00:19:46,870
@TheSlottReport or myself, @CPAPlanner.

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00:19:46,895 --> 00:19:52,745
Again, that's @CPAPlanner, Ed and I look
forward to hearing your thoughts and Ed, I

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00:19:52,745 --> 00:19:54,725
certainly look forward to our next debate.

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00:19:55,205 --> 00:19:56,165
Ed Slott: Oh yeah, me too.

381
00:19:56,165 --> 00:19:59,705
And there may even be more to come
on secure 2.0 when we find out what

382
00:19:59,705 --> 00:20:04,265
Congress really meant or what I, what we,
what IRS thinks Congress really meant.

383
00:20:04,295 --> 00:20:04,905
Jeffrey Levine: Indeed.

384
00:20:05,135 --> 00:20:06,575
We're gonna wait for those regulations.

385
00:20:06,635 --> 00:20:09,875
And Ed, I think one last thing that
you can, I you and I can agree on

386
00:20:09,875 --> 00:20:12,935
is the fact that we could be glad we
don't have to be the ones writing the

387
00:20:12,935 --> 00:20:14,585
regulations for a hundred new rules.

388
00:20:15,060 --> 00:20:15,215
Ed Slott: Oh yeah.

389
00:20:15,455 --> 00:20:16,325
Can you imagine?

390
00:20:16,625 --> 00:20:20,225
But we'll give them, what you
get here is the debate in English

391
00:20:20,285 --> 00:20:21,935
on what we think they mean.

392
00:20:22,595 --> 00:20:23,255
Jeffrey Levine: Fair enough.

393
00:20:23,345 --> 00:20:27,395
And we'll give you some more debate next
time here on the Great Retirement Debate.

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00:20:27,400 --> 00:20:27,725
See you soon.

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00:20:28,790 --> 00:20:32,030
Outro: Jeffrey Levine is Chief Planning
Officer for Buckingham Wealth Partners.

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00:20:32,090 --> 00:20:35,270
This podcast is for informational and
educational purposes only, and should

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00:20:35,270 --> 00:20:38,540
not be construed as specific investment
accounting, legal or tax advice.

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00:20:38,600 --> 00:20:41,510
Certain information mentioned may
be based on third party information,

399
00:20:41,510 --> 00:20:44,360
which may become outdated or
otherwise superseded without notice.

400
00:20:44,390 --> 00:20:47,630
Third party information is deemed to
be reliable, but it's accuracy and

401
00:20:47,630 --> 00:20:49,070
completeness cannot be guaranteed.

402
00:20:49,220 --> 00:20:52,220
The topic discussed in corresponding
arguments are those of the speakers

403
00:20:52,400 --> 00:20:55,190
and may not accurately reflect
those of Buckingham Wealth partners.

