Inflation Legislation Could Indirectly Affect Retirement Plans

In a somewhat surprising compromise, Congress passed the Inflation Reduction Act in August 2022. A pared-down version of President Biden’s Build Back Better plan, much of the law is devoted to fighting climate change and supporting clean energy, in part, through tax credits. The Act will also lower Medicare prescription drug costs and reduce the federal deficit by a reported $275 billion over 10 years.1 To help pay for these changes, the Act sets a 15 percent minimum tax for corporations earning more than $1 billion and a 1 percent tax on corporate stock buybacks, along with increasing the IRS’s budget by $80 billion.


Even though the Act doesn’t include any of the retirement plan provisions that were included in the Build Back Better plan (which would have eliminated conversions of after-tax retirement savings to Roth

IRAs, as soon as 2022, and prohibited high earners from making any conversions, beginning in 2032), it could still affect retirement plans.

  • The IRS budget increase is intended to help boost
    the agency’s ability to enforce and collect taxes.
    If the IRS devotes a portion of that funding to
    its Employee Plans division, there could be an
    increase in IRS examiners and plan compliance
    enforcement initiatives.
  • With the emphasis on fighting climate change
    and producing clean energy, investors may
    perceive environmental, social, and governance
    (ESG) factors as more important to their personal
    or economic objectives. This could increase
    participants’ deman

Coming soon: After years of conflicting interpretations on how fiduciaries should consider ESG factors when selecting investments for ERISA-governed retirement plans, the DOL is preparing to issue final regulations to guide plan fiduciaries on this issue. According to the DOL’s agenda, plan sponsors should watch for the release of Prudence and Loyalty in Selecting Plan Investments regulations by the end of 2022.2

1 New York Times, A Detailed Picture of What’s in the Democrats’ Climate and Health Bill, August 16, 2022
2 DOL, Spring 2022 Agency Rule List