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Five Below Employees: 10 Critical Estate Planning Steps After the 2025 Tax Law

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Healthcare Provider Update: Healthcare Provider for Five Below Five Below, a popular retail chain that focuses on selling a variety of items priced at $5 and below, utilizes Aetna as their healthcare provider. This partnership enables employees to access a range of health insurance plans and benefits that support their wellness needs. Potential Healthcare Cost Increases in 2026 As the healthcare landscape shifts, significant premium hikes are anticipated in 2026, particularly for those enrolled in Affordable Care Act (ACA) marketplace plans. With some states projecting increases exceeding 60%, the absence of enhanced federal premium subsidies will exacerbate this situation, potentially raising out-of-pocket premium costs by over 75% for most enrollees. This financial strain-coupled with ongoing medical cost inflation-could jeopardize access to affordable healthcare for millions of Americans, especially those with chronic conditions who rely on comprehensive coverage. Click here to learn more

“Five Below employees should proactively revisit their estate and trust strategies—incorporating adjustable trust provisions, state-level mitigation tactics, and digital asset protocols under the new law—and consult a qualified legal or tax advisor for individualized guidance.” – Wesley Boudreaux, a representative of The Retirement Group, a division of Wealth Enhancement.

“Five Below employees would be well advised to integrate flexible trust provisions, state-level tax strategies, and digital asset instructions into their legacy plans—and consult a legal or tax advisor to tailor these measures to their circumstances.” – Patrick Ray, a representative of The Retirement Group, a division of Wealth Enhancement.

In this article we will discuss:

  1. The key federal and state tax exemption updates and their planning implications.

  2. How trust taxation, long-term care funding, and digital asset protocols have changed under the new law.

  3. Key strategies for business succession and legacy preservation.

Five Below employees should conduct a thorough review of their legacy arrangements in light of the major federal estate and gift taxation changes introduced by the One Big Beautiful Bill Act of 2025. Though high net worth households have drawn much of the spotlight, these updates impact everyone managing health care funding, retirement savings, and intergenerational asset transfers.

First , the Act permanently raises the federal estate, gift, and generation-skipping transfer tax exemption to $15 million per individual and $30 million for married couples. While this allows more assets to pass free of federal tax, the political landscape remains unsettled; if control of Congress shifts, senators like Elizabeth Warren and Bernie Sanders could push to reduce exemptions. Five Below employees can build in flexibility by using adjustable trust provisions or formula clauses in wills to adapt to future legislative shifts.

Second , even though the prior “sunset” clause on exemptions is gone, Congress still has the power to roll back benefits. A change in legislative majority could restore lower exemption levels. To lock in current advantages without sacrificing flexibility, consider contingency vehicles such as charitable lead trusts and grantor retained annuity trusts (GRATs) tailored to your planning needs.

Third , the new law compresses trust income tax brackets and alters distribution rules, accelerating the point at which the highest rates apply for undistributed income. Five Below employees should review existing irrevocable trusts and evaluate tiered distribution strategies to limit accelerated taxation and help preserve assets for beneficiaries.

Fourth , several states—including Massachusetts, Oregon, and Minnesota—still impose estate or inheritance taxes with exemption thresholds far below federal levels (for example, Massachusetts taxes estates over $2 million at up to 16%). Incorporating state-level exposure into planning, perhaps through state-qualified charitable remainder trusts or spousal lifetime access trusts (SLATs), may help Five Below employees mitigate unexpected liabilities.

Fifth , according to Genworth’s 2024 Cost of Care survey, the median annual cost of a nursing home is $108,405 and a semi-private room averages $96,060. 1  With long-term care expenses rising and potential Medicaid funding cuts on the horizon, Five Below employees may benefit from Medicaid asset protection trusts or commercial long-term care insurance, taking into account individual health trends and premium deductibility under IRS rules.

Sixth , the law preserves or increases tax deductible limits for qualifying long-term care insurance premiums, ranging in 2025 from $450 for those under 40 to $5,640 for anyone over 70. Confirming that policies meet IRS Section 213(d) criteria helps Five Below employees claim every available deduction.

Seventh , IRAs, Roth conversions, and income shifting techniques are affected by the Act’s revised individual income tax rules. Although the top rate remains 37%, phased-out deductions and new bracket thresholds may raise taxable income. Five Below employees can coordinate retirement distributions with estate planning—such as using IRA assets to fund charitable remainder trusts—to lower overall tax exposure and help preserve legacy value.

Eighth , changes to grantor trust status, minority interest treatment, and valuation discounts directly influence family owned business successions. Five Below employees involved in closely held enterprises should examine buy-sell agreements, equity freeze techniques, and liquidity planning to facilitate effective transfers and address potential estate tax obligations.

Ninth , digital assets must now be explicitly addressed in wills, trusts, and powers of attorney. Clear transfer instructions and designated fiduciaries are vital for online banking accounts, digital wallets, and cryptocurrencies. Establishing a digital asset memorandum with custodial details and wallet access protocols can help Five Below employees preserve these holdings.

Tenth , comprehensive estate planning goes beyond taxes to encompass guardianships, philanthropic goals, and family values. Whether it’s donor advised funds, multigenerational wealth education, or special needs support, updating documents ensures they reflect current priorities. Five Below employees should review plans regularly to align with evolving family circumstances.

All things considered, the 2025 tax law demands a holistic reassessment of estate plans—covering exemption thresholds, trust taxation, state exposures, long-term care funding, tax planning interplay, business succession, digital asset stewardship, and broader legacy objectives. By engaging a seasoned estate planning attorney and working with a trusted financial advisor, Five Below employees can preserve flexibility for an uncertain legislative future while aligning documents with current law.

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Sources:

1. Business Wire. “ Genworth and CareScout Release Cost of Care Survey Results for 2024 .”  Business Wire , 4 Mar. 2025.

2. Assaf, Rita. “ While Over 70 % of Retirees Say Retirement Is Going as Planned, Confidence in Retirement Outlook Is Down Among Pre-Retirees .”  Fidelity Investments , 11 Mar. 2025.

3. Watson, Garrett, et al. “ “One Big Beautiful Bill Act” Tax Policies: Details and Analysis .”  Tax Foundation , 4 July 2025.

4. Internal Revenue Service. “ Eligible Long-Term Care Premium Limits .”  Internal Revenue Service , 2024.

5. Dangremond, Samuel. “ How to Protect Digital Assets in an Estate Plan .”  Real Property, Trust and Estate eReport , American Bar Association, 26 Feb. 2025.

What type of retirement savings plan does Five Below offer to its employees?

Five Below offers a 401(k) retirement savings plan to its employees.

Is participation in the 401(k) plan at Five Below mandatory?

No, participation in the 401(k) plan at Five Below is voluntary for employees.

Does Five Below provide any matching contributions to the 401(k) plan?

Yes, Five Below offers matching contributions to eligible employees who participate in the 401(k) plan.

At what age can employees at Five Below start contributing to the 401(k) plan?

Employees at Five Below can start contributing to the 401(k) plan as soon as they meet the eligibility requirements, typically at age 18.

How can employees at Five Below enroll in the 401(k) plan?

Employees at Five Below can enroll in the 401(k) plan by completing the enrollment process through the company’s HR portal.

What investment options are available in the Five Below 401(k) plan?

The Five Below 401(k) plan offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles.

Can employees at Five Below change their contribution percentage to the 401(k) plan?

Yes, employees at Five Below can change their contribution percentage at any time, subject to plan rules.

What is the vesting schedule for Five Below's 401(k) matching contributions?

Five Below has a vesting schedule that typically requires employees to work for a certain number of years before they fully own the matching contributions.

How often can Five Below employees review their 401(k) account statements?

Employees at Five Below can review their 401(k) account statements quarterly or online at any time through the plan’s website.

What happens to the 401(k) plan if an employee leaves Five Below?

If an employee leaves Five Below, they can choose to roll over their 401(k) balance to another retirement account, cash out, or leave it in the Five Below plan if allowed.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
For Five Below, the company offers a 401(k) plan but does not provide a traditional pension plan. The 401(k) plan at Five Below includes several key features: Eligibility: Employees must be at least 21 years old to participate. Enrollment in the plan can occur after the first paycheck, with deferrals starting on January 1st or July 1st following the hire date. Employees become eligible for the employer match once they begin deferring contributions. Contributions: Employees can contribute on a pre-tax or after-tax (Roth) basis, up to the IRS annual limits. For 2022, the maximum employee contribution was $20,500, and it increased to $22,500 in 2023. Employees aged 50 and older can make catch-up contributions, with limits of $6,500 in 2022 and $7,500 in 2023. The company offers a match of 100% on the first 4% of eligible contributions and 50% on the next 2%. Vesting: Employees are immediately vested in all 401(k) contributions and any earnings from these contributions.
Restructuring Layoffs and Benefits Changes: Five Below has been focusing on optimizing its workforce as part of a broader strategy to maintain its competitive edge in the retail market. This has included targeted layoffs aimed at streamlining operations, particularly in underperforming locations. The company has also been reviewing its employee benefit structures, including adjustments to retirement plans to better align with current economic conditions. These changes are part of a proactive approach to manage costs while continuing to invest in growth areas like e-commerce.
Company Name: Five Below Stock Options and RSUs Available: Five Below offers stock options and RSUs to eligible employees, including executives and senior management. The RSUs are granted based on performance and tenure. Eligibility: Five Below typically awards stock options and RSUs to high-performing employees and those in key positions. Employees must meet certain performance metrics and tenure requirements to qualify. Company Name: Five Below Stock Options and RSUs for 2022: In 2022, Five Below granted stock options and RSUs to various employees, focusing on those who significantly contributed to the company's growth. The vesting schedule for RSUs is often tied to continued employment over a few years. Source: [Five Below 2022 Annual Report, Page 58] Company Name: Five Below Stock Options and RSUs for 2023 and 2024: For 2023 and 2024, Five Below continued offering stock options and RSUs, with increased emphasis on aligning employee incentives with company performance. The specific terms of these grants were detailed in their annual filings and shareholder communications. Source: [Five Below 2023 Proxy Statement, Page 42]; [Five Below 2024 Annual Report, Page 65] Sources: Five Below 2022 Annual Report, Page 58 Five Below 2023 Proxy Statement, Page 42 Five Below 2024 Annual Report, Page 65
Five Below offers a range of health benefits to its employees, tailored to different needs and employment statuses. Full-time employees can choose from multiple health plans, including High Deductible Health Plans (HDHP) and Exclusive Provider Organization (EPO) plans, each with varying levels of coverage and copays. For example, the EPO plan now features reduced copays, with visits to primary care doctors costing $20 and specialist visits $40. There is also an emphasis on preventive care, with certain plans covering preventive services at 100%. Additionally, Five Below provides access to telemedicine services through CirrusMD, which allows employees to consult with physicians 24/7 via secure video chat or phone. This is part of their partnership with Cigna, which also includes pharmacy benefits. The company has introduced new wellness initiatives like Wellbeats, which offers on-demand workouts, mental health classes, and nutrition education.
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For more information you can reach the plan administrator for Five Below at , ; or by calling them at .

https://contracts.justia.com/companies/five-below-531/contract/183893/ https://www.selecthub.com/hris/compensation-management/deferred-compensation-plan/ https://www.fidelity.com/viewpoints/retirement/nqdc-part-2 https://myfivebelowbenefits.com/pt/benefits.html https://www.ameriprise.com/financial-goals-priorities/taxes/net-unrealized-appreciation https://www.retirementwatch.com/the-net-unrealized-appreciation-nua-tax-strategy https://www.thelayoff.com/t/1oANHKhV https://investor.fivebelow.com/financial-information/annual-reports-and-proxy-statements/default.aspx https://support.fivebelow.com/hc/en-us/articles/4402437949079-payroll-info https://www.foxrothschild.com/publications/interest-rate-hikes-present-challenge-for-fully-funded-pension-plans https://www.principal.com/ https://www.milliman.com/en/ https://www.retaildive.com/ https://corpgov.law.harvard.edu/ https://www.spglobal.com/marketintelligence/en/news-insights/latest-news-headlines/corporate-layoffs-in-2023-8212-a-timeline-74012248 https://www.wral.com/story/2023-layoff-tracker-the-latest-on-which-companies-have-announced-job-cuts/20828325/ https://247wallst.com/special-report/2023/03/24/companies-planning-the-biggest-mass-layoffs-this-year/ https://www.emparion.com/cash-balance-pension-plan-faq/ https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/fact-sheets/cash-balance-pension-plans https://www.benefitequity.com/blog/cash-balance-plans

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