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Biden administration believes student loan forgiveness plan will survive

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US President Joe Biden speaks about student loan debt relief at Madison Area Technical College in Madison, Wisconsin, April 8, 2024. 

Andrew Caballero-Reynolds | AFP | Getty Images

The aid package is narrower

Biden‘s 2020 campaign promise to erase student debt was thwarted at the Supreme Court in June.

The majority-conservative court ruled that Biden didn’t have the authority to erase $400 billion in student debt without prior authorization from Congress. Biden had tried to forgive the debt of nearly all 40 million federal student loan borrowers, with many people getting up to $20,000 in cancellation.

This time, the Biden administration has narrowed its aid by targeting specific groups of borrowers, including those who’ve been in repayment for decades or attended schools of low-financial value. It hopes this will help the plan survive in front of a court that is skeptical of broad loan cancellation, experts say.

Recent student loan debt forgiveness is making good on previous legislation: Bharat Ramamurti

More than 25 million borrowers still stand to benefit from the program.

As a result, for critics of broad student loan forgiveness, Biden’s new plan looks a great deal like his first.

After the president touted his revised relief program on April 8, Missouri Attorney General Andrew Bailey, a Republican, wrote on X that Biden “is trying to unabashedly eclipse the Constitution.”

“See you in court,” Bailey wrote.

There’s a different legal justification

In addition to the fact that this effort is a more targeted aid program, the U.S. Department of Education is also using a different law — the Higher Education Act — as its legal justification. Biden’s first forgiveness plan was based on the Higher Education Relief Opportunities for Students Act, or HEROES Act of 2003.

The HEROES Act was passed in the aftermath of the 9/11 terrorist attacks and grants the president broad power to revise student loan programs during national emergencies. The Biden administration initially tried to use this law because, at the time, the country was under a national emergency status from the Covid-19 pandemic.

However, the conservative justices didn’t buy that argument.

″’Can the Secretary use his powers to abolish $430 billion in student loans, completely canceling loan balances for 20 million borrowers, as a pandemic winds down to its end?'” Chief Justice John Roberts wrote in the majority opinion for Biden v. Nebraska. “We can’t believe the answer would be yes.”

The HEA, which the Biden administration is now using, was signed into law by President Lyndon B. Johnson in 1965 and allows the education secretary some authority to waive or release borrowers’ education debt.

When Sen. Elizabeth Warren, D-Mass., was running for president in 2020, she pointed to the HEA as a law that would allow her to deliver sweeping loan relief.

“This authority provides a safety valve for federal student loan programs, letting the Department of Education use its discretion to wipe away loans even when they do not meet the eligibility criteria for more specific cancellation programs,” Warren wrote in her student loan forgiveness proposal back then.

Biden administration is using rulemaking process

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Personal Finance

Here are key things to know about company stock, experts say

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Prasit photo | Moment | Getty Images

As employers compete to attract and retain talent, equity compensation — or an ownership stake in the company — has become a key workplace benefit.

Some 72% of companies offer some form of equity compensation to certain employees, a 2023 survey from Morgan Stanley found. That’s up from 65% in 2021.

These perks motivate employees and boost their long-term investing goals, according to the Morgan Stanley survey, which polled 1,000 U.S. employees and 600 human resource executives.

However, some “miss the opportunity” because they don’t understand it, said certified financial planner Chelsea Ransom-Cooper, chief financial planning officer for Zenith Wealth Partners in New York.

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Here’s what to know about three popular types of stock-based compensation, experts say.

There’s potential for ‘life-changing wealth’

Many employees receive so-called stock options as part of their compensation, which are the right to buy or “exercise” company shares at a preset price within a specific timeframe.

“It’s almost iconic to grant stock options in a startup private company,” said Bruce Brumberg, editor-in-chief and co-founder of myStockOptions.com, which covers various types of equity compensation.

Startups want to create the drive and incentive of ownership culture with the potential for “life-changing wealth,” he said.

Stock options become valuable when there’s a discount between your preset price and the market value, which makes it more attractive to exercise. However, the taxes can be complicated, depending on the type of stock options.

Incentive stock options can offer some tax benefits — if you meet certain rules — but could trigger the alternative minimum tax, a parallel system for higher earners.

Photo by LanaStock via Getty Images

By comparison, the more common nonqualified stock options generally have less favorable tax treatment and you’ll owe regular income taxes on the discount upon exercise.

But even with an initial discount, there’s no guarantee a company’s stock price won’t decrease after exercising a stock option.

“It could be worth nothing but a piece of paper,” Ransom-Cooper from Zenith Wealth Partners said.

Restricted stock units are ‘like a cash bonus’

Another benefit, restricted stock units, or RSUs, are company shares granted upon hiring, which vest over time. RSUs can also be tied to performance-based goals.

Some 94% of public companies offer RSUs to at least middle managers, according to a 2021 survey from the National Association of Stock Plan Professionals.

“I like to think of it like a cash bonus,” said Pittsburgh-based CFP Matthew Garasic, founder of Unrivaled Wealth Management. 

I like to think of it like a cash bonus.

Matthew Garasic

Founder of Unrivaled Wealth Management

For example, if the stock price is $10 and 100 shares vest, it’s treated like $1,000 in compensation for that year, and the standard withholding of 22% might not be enough, depending on your tax bracket, he explained.

After vesting, the decision to sell or hold RSUs depends on your short- and long-term investing goals.

“We like to establish a target of what they like to hold in company stock,” said Garasic, who aims to keep allocations of a single stock to 10% or less. “Once we get above that target, we just sell at vest.”

Employee stock purchase plans offer ‘free money’

Many publicly traded companies may also offer discounted company shares via an employee stock purchase plan, or ESPP.

“There’s free money to be had” with an ESPP, Garasic explained.

However, the decision to participate typically depends on your short-term financial goals.

After enrolling, your ESPP collects a portion of after-tax money from each paycheck and uses the funds to buy discounted company stock on a specific date.

The gold standard is a 15% discount with a lookback feature, which bases the stock purchase price on the value at the beginning or end of the offering period, whichever is lower, experts say.

Any time you’re investing in a single company, there’s certainly a big risk.

Kristin McKenna

President of Darrow Wealth Management

You can typically sell after a set period, but there’s no guarantee you’ll make money, even with the built-in discount.

“Any time you’re investing in a single company, there’s certainly a big risk,” CFP Kristin McKenna, president of Darrow Wealth Management in Boston, previously told CNBC.

Yearly goals like investing up to your employer’s 401(k) match should come before your ESPP, especially with limited income, she added.

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Personal Finance

Public Service Loan Forgiveness program will go on partial pause

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Teacher teaching her students in art class at school.

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The popular Public Service Loan Forgiveness program began a partial processing pause on May 1, which will likely run through July, the U.S. Department of Education recently said.

The temporary suspension comes as the Biden administration overhauls the once-troubled federal student loan program.

Here’s what borrowers should know.

Why the pause is happening

The PSLF program, signed into law by President George W. Bush in 2007, allows certain not-for-profit and government employees to have their federal student loans canceled after 10 years of on-time payments.

However, the program has been plagued by problems, making people who actually get the relief a rarity.

Borrowers often believe they’re paying their way to loan cancellation only to discover at some point in the process that they don’t qualify, usually for confusing technical reasons. Lenders have been blamed for misleading borrowers and botching their timelines.

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The Biden administration has been trying to reform the program. As part of that overhaul, it is changing how loan servicing works for public servants, and some of the customer service will soon be handled by the government itself.

“After the improvements, PSLF borrowers will have all of their PSLF information centralized on StudentAid.gov so that the Department can provide real-time and more accurate information on payment counts and form processing,” the Education Department wrote in a recent blog post.

Previously, only one company managed the servicing for PSLF borrowers on behalf of the government: first, FedLoan, and more recently, Mohela, or the Missouri Higher Education Loan Authority. Going forward, a number of different companies will service the accounts, along with the Education Department.

What borrowers can expect during the transition

The Education Department will not review PSLF form submissions for roughly a two-month period, it says. (The exact dates will depend on how long the changes take place to complete.)

Meanwhile, from May 1 through July, it says, “borrowers will not be able to see their PSLF payment counts on MOHELA’s website.”

“During the transition, PSLF forgiveness will be suspended,” said higher education expert Mark Kantrowitz.

Pres Biden: Today's decision closed one path, now we are going to push through another

Borrowers will be able to continue making their loan payments, and these months will count on their timeline to loan forgiveness. Borrowers should also be able to submit a form to certify public service employment and to apply for loan forgiveness if they are at the 10-year mark.

“Forms will be reviewed as soon as the transition is complete,” the Education Department says.

If you qualify for debt cancellation during the transition, you can request a forbearance from your servicer in the meantime, it says, adding that any overpayments should be refunded.

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Personal Finance

Your Roth 401(k) after-tax matching contribution could trigger taxes

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If you’ve opted into your employer’s Roth 401(k) after-tax matching contributions this year, it could trigger a tax surprise without proper planning, experts say. 

Enacted in 2022, Secure 2.0 ushered in sweeping changes for retirement savers, including the option for employers to offer 401(k) matches in Roth accounts. These accounts are after-tax, meaning employees pay upfront taxes but growth and withdrawals in retirement are tax-free. Previously Roth 401(k) matches went into pretax accounts.

Roughly 12% of employers with 401(k) plans said they are “definitely” adding the feature and 37% are “still considering it,” according to a recent survey from the Plan Sponsor Council of America.

However, those new matching Roth contributions could have “unintended consequences” at tax time, according to Tommy Lucas, a certified financial planner and enrolled agent at Moisand Fitzgerald Tamayo in Orlando, Florida.

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“If you go this route, you’ll want to know that you’re basically getting extra income” and taxes aren’t automatically withheld, Lucas said. 

“You’re increasing your adjusted gross income by taking this match as a Roth,” he said.

“If you go this route, you’ll want to know that you’re basically getting extra income.”

Tommy Lucas

Financial advisor at Moisand Fitzgerald Tamayo

For example, let’s say your salary is $100,000 with a 6% employer match in 2024. If you designate your $6,000 employer match as Roth and you’re in the 22% federal income tax bracket, you could have an extra $1,320 in tax liability, according to Lucas.

“There’s probably something on top of that for state income taxes,” depending on where you live, he said.

Plus, you won’t see your employer’s matching Roth contribution reported on Form W-2, according to IRS guidance released late last year. Instead, you’ll receive Form 1099-R, which could be confusing, Lucas said.

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For example, if you expect to incur $1,320 more in federal taxes, you could divide that amount by your remaining 2024 paychecks and include that “extra withholding” on Form W-4 for your employer, Lucas said.

Of course, you’ll need to double-check that the change is reflected on future paychecks, he said.

“In either case, working with a trusted tax advisor would help to optimize overall tax planning and eventual tax reporting for the year,” Guarino added.

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