The Deferred Compensation Plan

COVID-19

The CARES ACT

On March 27, 2020 the CARES (Coronavirus Aid, Relief, and Economic Security) Act was signed into law to address economic impacts associated with COVID-19.

The Plan implemented the following provisions to assist participants.

1. Coronavirus-Related Distribution

A coronavirus-related distribution is a distribution(s) (multiple amount-certain distributions, if requested) of up to $100,000 for a taxable year made from the 457 Plan, 401(k) Plan, 401(a) Plan or NYCE IRA on or after January 1, 2020, and before December 31, 2020, to a qualified individual.

A "qualified individual" is an participant who:

• who is diagnosed with the virus SARS-CoV-2 or with coronavirus disease 2019 (referred to collectively in this notice as COVID-19) by a test approved by the Centers for Disease Control and Prevention (including a test authorized under the Federal Food, Drug, and Cosmetic Act);
• whose spouse or dependent (as defined in section 152 of the Code) is diagnosed with COVID-19 by a test approved by the Centers for Disease Control and Prevention (including a test authorized under the Federal Food, Drug, and Cosmetic Act; or
• who experiences adverse financial consequences as a result of:
  • the individual being quarantined, being furloughed or laid off, or having work hours reduced due to COVID-19; or
  • the individual being unable to work due to lack of childcare due to COVID-19; or
  • the individual having a reduction in pay due to COVID-19 or having a job offer rescinded or start date for a job delayed due to COVID-19; or
  • the individual’s spouse or a member of the individual’s household (as defined below) being quarantined, being furloughed or laid off, or having work hours reduced due to COVID-19, being unable to work due to lack of childcare due to COVID-19, having a reduction in pay (or self-employment income) due to COVID-19, or having a job offer rescinded or start date for a job delayed due to COVID-19; or
  • closing or reducing hours of a business owned or operated by the individual’s spouse or a member of the individual’s household due to COVID-19.

The Plan will rely on the participant’s certification that one of the above conditions is satisfied in determining whether a distribution is a coronavirus-related distribution.

A coronavirus-related distribution from the 401(k) and 401(a) is not subject to the 10% federal early withdrawal penalty tax.  

The distribution will be subject to applicable ordinary federal, state and local income tax. A coronavirus-related distribution is not an eligible rollover distribution, subject to mandatory 20% federal tax withholding. Therefore, the Plan withhold 10% for federal taxes, unless the participant elected otherwise. The federal income tax on the distribution may be apportioned over a three-year period. Participants are advised to speak with their tax consultant about how this distribution will affect their individual taxes.

A participant who received a coronavirus-related distribution may repay the distribution in one or more contributions within three years of the distribution by completing a Coronavirus-Related Participant Distribution Recontribution Form. Repayments will be treated as rollover contributions.

2. Loans

The CARES Act allowed a qualified individual with an outstanding loan from the 457 Plan or 401(k) Plan to extend the due date for any loan repayments that occured during the period March 27, 2020 - December 31, 2020. Repayments resumed via payroll the first pay date in January 2021. Any subsequent repayments of the loan will be adjusted to reflect the delayed repayment due date and any interest accruing during such delay. As a result, the expiration of the loan will be extended for one year. Plan loans can extend beyond the five year term limit.

3. Waiver of 2020 Required Minimum Distributions (RMDs)

The CARES Act waives RMDs for participants and beneficiaries for calendar year 2020 for the 457 Plan, 401(k) Plan, 401(a) Plan and the NYCE IRA.

The waiver applies to the:

• 2019 RMD (grace period RMD) required to be paid by April 1, 2020,
• 2020 RMD, and
  
• 2020 RMD (grace period RMD) to paid before April 1, 2021.

The participant does not have to be a qualified individual in order to waive their RMD.

Using the DCP RMD Waiver Form, participants could choose to reduce their scheduled RMD payments in the 457 Plan, 401(k) Plan and/or NYCE IRA to $0 for 2020. The participant must have returned a signed form to the Plan at least fifteen (15) days prior to the payment date for the RMD to be canceled. For those that waived their RMD payments in 2020, RMD scheduled payments will resume in 2021.

The participant did not have to be eligible for a coronavirus-related distribution in order to waive their RMD in 2020.

A distribution taken in 2020 that would have been a 2020 RMD distribution, if not for the waiver, can be rolled over in accordance with the 60-day rule and is not subject to the 20% mandatory withholding. The money can be rolled back into the plan from which it was taken from or into the NYCE IRA.

4. Hardship (See Coronavirus-Related Distribution as an alternative option above)

FEMA has declared several states (such as New York, Illinois, New Jersey, Texas, Florida, California, Washington State, and Louisiana) to be major disaster areas eligible for individual assistance due to the COVID-19 pandemic.

This declaration deems Plan participants residing or working in these states eligible to take a hardship distribution from the 457 Plan and/or the 401(k) Plan due to circumstances such as rent arrears, tuition, loss of income, etc. The Hardship Withdrawal Application must be a participant’s last resort and must show that they have exercised all other options such as taking out a Deferred Compensation loan and Pension loan, if they qualify. Supporting documentation is required to be submitted with all hardship requests and is not to be confused with the Coronavirus-Related Distribution. Please review the Coronavirus-Related Distribution information above for additional information.

Hardship applications are available on the Forms and Downloads page.

Pros and cons of taking a Coronavirus-Related Distribution

Have further questions? Speak with one of the Plan’s Financial Planners to discuss the pros and cons of taking a Coronavirus-Related distribution in more detail.

Email: dcp_financial_planning@nyceplans.org  Please include your name along with a daytime phone number in your email.

Phone: (212) 306-5050 Monday through Friday 9AM – 5PM