Major Changes are Impacting IRAs and QRPs – How is your Estate Plan Affected?

Recently, the Setting Every Community Up for Retirement Enhancement Act (SECURE Act) was enacted into law. The SECURE Act makes significant changes to the administration of Individual Retirement Account (“IRA”) and Qualified Retirement Plan (401k, 403b, etc.)(“QRP”), and was effective on January 1, 2020. For many people, an IRA or QRP is one of their most valuable assets. Because these assets result from hard work to create and maintain the account, owners should be aware of the changes found in the SECURE Act and how they may affect the owner’s estate plan.

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The Key Differences between Medicare and Medicaid

For those unsure or unaware, Medicare and Medicaid are both government health insurance programs. However, they are still different programs, and therefore require different eligibility requirements and different coverage. Essentially, Medicare is a government program designed to provide health insurance coverage for the elderly and disabled. On the other hand, Medicaid is a needs program, which means that it exists to cover the healthcare costs for the very low income individuals.

Medicare is a purely federal government program attached to Social Security. It is available to citizens and certain other legal residents at the age of 65, and also covers people who are disabled under the Social Security guidelines. It is a 4-part program which covers hospitalizations through Part A, outpatient and doctors visits through Part B (more about parts A and B), potentially private plans (Medicare Advantage Plans) through Part C, and prescription coverage, through Part D (more about parts C and D).

Medicaid is a joint federal and state program that covers healthcare costs for low income individuals. Additionally, it covers long-term custodial care for poor and elderly individuals. There is a Medicaid program for each state in the U.S., and the federal government funds up to 50% of the costs of each state’s Medicaid program.

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Determining Eligibility for Medicare Parts C and D

In my last blog, I discussed how to determine eligibility for Medicare Parts A and B. This blog today will focus on Parts C and D.

Medicare Part C, known as a Medicare Advantage Plan, replaces Medicare Parts A and B through a health insurance plan offered by a private insurer. In order to be eligible for a Medicare Advantage Plan, you must already be enrolled in Medicare Parts A and B and must reside in the service area of the insurer with whom you are seeking coverage.

Additionally, if you have a Medicare Advantage Plan you will not need a Medicare Supplemental Plan, as Advantage plans usually cover more than what Medicare Parts A and B cover.

The enrollment period for a Medicare Advantage Plan is the same as the initial enrollment period for Medicare Parts A and B. Alternatively, you can sign up during the Annual Election Period from October 15 to December 7, for coverage effective January 1st of the following year. You can also enroll during a Special Election Period, if you qualify.

Medicare Part C is optional, and there is no penalty for choosing this alternative to the traditional Medicare Parts A and B. In addition, you will continue to make your Medicare Part B premiums even if you enroll in an Advantage Plan. Monthly rates and plan coverage will vary by the insurance company and your specific plan.

Medicare Part D, known as the Medicare Prescription Drug Plan, is prescription coverage and is available through private insurers, like a Medicare Advantage Plan, and it is completely optional. To be eligible to enroll in a Medicare Prescription Drug Plan you must have Medicare Parts A and B, and live in the service area for the plan in which you wish to enroll.

If you have any questions about Medicare and retirement benefits, it is recommended that you speak with experienced legal counsel to discuss your situation.

Modification of Alimony Due to Retirement

During the course of divorce proceedings, alimony from the supporting spouse to the dependent spouse is typically calculated based on a variety of factors. The income of the two spouses is a critical factor in determining the amount of alimony to be paid. However, some incomes are not guaranteed and can change over time. One of the most common scenarios in which the income of a spouse can change is due to retirement. Following one’s retirement, a spouse can petition the court to modify the alimony payments they either receive or pay. However, there are an additional set of factors the court must consider in permitting alimony payments to be modified if the parties were divorced prior to September of 2014.

The leading case in New Jersey addressing the modification of alimony is Lepis v. Lepis (1980), which states that “the party seeking modification [of alimony] must demonstrate that changed circumstances have substantially impaired the ability to support himself or herself.” Furthermore, the court will look at the party’s circumstances at the time of the divorce (when the alimony was determined) and at the time of application for the modification of alimony to see any differences in the circumstances between these two dates.

Because retirement is one of the leading causes for a petition for the modification of alimony to be filed, there are cases in New Jersey that have laid out a series of factors to determine whether or not the retirement of one of the spouses warrants alimony to be modified.

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Spousal Benefit

If your spouse has already filed for his or her Social Security Retirement Benefit, and you have reached full retirement age (66 for the current crop of baby boomers), you can receive a monthly spousal benefit equal to half of your retired spouse’s full retirement benefit.  You can do this yourself without filing for your own retirement benefit, to which you will continue to contribute if you are still working.  The spousal benefit is not deducted from your retired spouse’s monthly check, so there is no diminution in the amount your retired spouse receives.

You can receive a monthly spousal benefit if your spouse is retired but you have not reached your full retirement age but if you take the spousal benefit before your full retirement age, you will be deemed to be filing for your retirement benefit, as well.  Your spousal benefit is then considered excess and it will definitely be less than half of your retired spouse’s full retirement benefit, and may even be zero.

Example:  Mary is going to be 66 next month.  She is working and intends to keep working for a number of years.  Her husband, John, is 70 and he retired a few years ago.  John’s full retirement benefit is $2,000 per month.  When Mary turns 66, she is entitled to half of John’s monthly benefit, $1,000 per month, despite the fact that she is still working.  Once she begins receiving her monthly spousal benefit, John will continue to receive a monthly benefit of $2,000 per month.

If you are interested in getting spousal benefits, you should make an appointment with your local Social Security Administration office to apply for the spousal benefit.

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