By W. Mark Smith, Esq. and Alice Murtos, Esq.
Sutherland Asbill & Brennan LLP, Washington, D.C. and
In December 2014, the Treasury Department opened the myRA (my
Retirement Account) program to employers and employees. President Obama announced the myRA program in
his 2014 State of the Union Address. The program is intended as an introductory
retirement savings program for employees who do not have access to a worksite
The program essentially consists of Roth IRA accounts, subject to
the usual rules, invested only in a new class of nonmarketable, electronic U.S.
Treasury retirement savings bonds that replicate the variable rate of the
Government Securities Investment Fund (G Fund) of the Thrift Savings Plan for
federal employees. The myRA must be rolled over to a private sector Roth IRA
when the balance reaches $15,000 or 30 years after it is opened and first
funded, whichever comes first; it may be closed and distributed or rolled over,
or withdrawals may be taken, at any prior time.
On December 12, the Treasury issued final regulations authorizing
the new retirement savings bond. The regulations permit the setting of minimum
amounts for initial and additional contributions to the bond, although no such
limits are initially in effect. The maximum annual contribution to the bond is
tied to the Internal Revenue Code §408A limits for Roth IRAs.
A Treasury website, myra.treasury.gov is now live. The website
provides resources for both individuals and employers to use in connection with
myRA accounts. These resources include:
employees, a savings calculator, various descriptions of the program including
a Top Questions document, and a facility to apply for a myRA account online
through a sign-up link to a website operated by Comerica Bank, which has been
engaged as the Treasury's financial agent to administer the program in
partnership with Fidelity National Information Services (FIS). Under the master
custodial account agreemen, Comerica will serve as custodian for the Roth IRAs.
The Comerica website includes detailed FAQs about the program and provides
contact information for a customer service center (which can also process
enrollments by telephone).
employers, a guide and various materials to use in promoting myRAs to employees
(including a poster, a brochure, intranet collateral, and a web banner) and
conducting an employee meeting (a fact sheet, sample email invitations, and a
PowerPoint presentation). Other than remitting payroll deductions for
employees, this appears to be the only employer function in the myRA program as
initially structured and, as discussed below, even this much involvement
appears optional. Contact information for the Treasury is also provided.
From these materials, it appears that:
only myRA account-opening activity permitted or required through the website is
voluntary on the part of employees. Automatic enrollment is not currently
Initially, contributions are limited to employee payroll deductions
transmitted by the employer through direct deposit. The materials suggest that
in the future Treasury will provide other means for individuals to contribute.
Employer contributions are not part of the program at the outset.
certain employers (reportedly including the U.S. Office of Personnel
Management) will formally participate in a pilot initiative, the myRA program
apparently is open to any employer that will accommodate payroll direct deposit
for employees who open an account. No formal action on the part of the employer
appears required, except as necessary for the transmittal of payroll deductions
to employees' myRA accounts. Even for employers participating in the pilot
initiative, the program appears primarily employee-driven at this time.
is, the decisions about opening or closing a myRA, how much to contribute, and
when to take a withdrawal will be made solely by Roth IRA-eligible employees
through affirmative election, subject only to the employer's direct deposit
the materials we have reviewed, it is unclear whether employers are
specifically obligated to transmit payroll deductions to employees' myRA
accounts within a designated number of days.
According to the master custodial account agreement, cash balances in a
myRA account awaiting contribution or distribution are not interest-bearing but
are FDIC insured. Comerica generally commits to same-business day processing of
contributions and (once funds are received from the retirement savings bond,
which can take up to five business days) withdrawals. Investments in the
retirement savings bond are not FDIC insured.
Only one myRA is allowed per individual,
although it is permissible to also have inherited myRAs. Once an individual has
held a myRA account to maturity – i.e., for 30 years or to a $15,000 account
balance – he or she may not open another myRA.
maturity, the retirement savings bond no longer accrues interest and is
redeemed by the custodian, which automatically closes the myRA account and
transfers the balance to a Roth IRA designated by the individual or, absent such
direction, to a default Roth IRA to be designated by the Treasury.
materials state that myRA account owners pay no fees or charges. Treasury has not publicly addressed how
Comerica and FIS are being compensated.
On the basis of the program as initially structured, the Department
of Labor (DOL) issued on December 15 an information letter concluding that
employer involvement with myRA accounts is insufficient to give rise to an
ERISA employee benefit plan (absent reimbursement of employee contributions by
the employer). The letter implies that future enhancements to the myRA program
could affect DOL's analysis.
any party other than the federal government was performing the role played by
Treasury in the myRA program, prior authority suggests that DOL may have
reached a different conclusion.
Guidance on the rollover of myRA balances to private sector Roth
IRAs is to be provided in the future.
For more information, in the Tax Management Portfolios, see
Kennedy, 367 T.M., IRAs, and in
Tax Practice Series, see ¶5610, IRAs.
© 2015 Sutherland Asbill & Brennan LLP.