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401k Basics the concepts that shape 401k plans |
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[topic 1] 401k Plans Are Defined Contribution Plans A 401k plan is what's called a defined contribution retirement savings plan. In defined contribution plans...
Other defined contribution retirement savings plans include SEPs, Simple IRAs, Profit Sharing Plans, and Money Purchase Plans. The 401k is by far the most popular. Defined contribution plans differ from traditional pension plans, called defined benefit plans, which specify specific amounts of money (the "benefit") employees will receive when they retire rather than the periodic contribution amounts that will be put into the plan to ensure that final benefit amount. In 401k plans...
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[topic 2] The Plan Sponsor 401k plans must be "sponsored" by an employer. Their very IRS-mandated operation -- i.e., that contributions are pulled from employees' pay BEFORE are taxes -- is predicated upon the plans being run through an employer's payroll system. (Sponsoring a 401k plan does not mean, by the way, that an employer need contribute financially to employees' accounts. Please see topic 7, below, for information about employer contribution options, including the option not to contribute.) The 401k is not the only tax-deferred retirement savings plan. Annuities and Individual Retirement Accounts (IRAs) are also popular. Buthe 401k is by far the most popular:
Plan sponsorship generally entails the employer appointing an in-house person to act as liaison between the plan's vendors and the company's employees. With Web 401k, this role is greatly simplified because employees have direct Internet access to everything from general 401k education materials, to enrollment and participation materials, to monthly account statements and investment information, and even to updating certain personal and account information. |
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[topic 4] Third-Party Administrators (TPAs) Administration for a 401k plan can be legally supplied by almost any party -- the plan vendor, the plan sponsor, or a third party -- so long as the plan is run in accordance with current regulations, among them IRS compliance testing stipulations.
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[topic 5] Auto Enrollment The 401k "auto enrollment" procedure allows employers to AUTOMATICALLY enroll employees in the 401k plan as soon as the employee meets the plan's eligibility requirements. Employees can elect to decline enrollment at any time.
Automatic enrollment is also called passive enrollment and negative enrollment; the default contribution and investment designations are called the plan's negative elections. Auto enrollment is not available in all 401k plans. Web 401k, for instance, allows auto enrollment in its Elite 401ks but not its Economy 401ks; please see our Options page and our Pricing page for other distinctions between our Elite and Economy plans. The IRS has only recently approved the idea of negative elections, and certain legalities outside of the scope of the IRS remain unclear. It is prudent to consult a legal advisor before adopting automatic enrollment for your 401k plan. |
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[topic 7] Employer Contributions Contributions to a 401k account can come from employees and/or their employers. Employers choose whether or not to contribute to their employees 401k accounts. If they choose to contribute, they can do so in any of three ways:
Any employer qualified nonelective contributions are 100% vested to employees' 401k accounts when made. Employer matching and profit sharing contributions, on the other hand, do not have to immediately become the property of the employees. Instead, employers can impose a vesting schedule by which the 401k participants gain ownership of the contributions. For example...
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[topic 9] 401k Investments Certain types of investments are "qualified" under the Internal Revenue Code to receive 401k contributions. These include:
Every 401k plan must offer a minimum spectrum of investments, as defined by the Internal Revenue Code.
With Web 401k you have an extremely wide array of potential investments. Please visit our Investments page for examples and details. |
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[topic 10] 401k Investing and Tax-Deferred Saving All 401k contributions -- employee, employer and even returns earned on 401k investments -- are exempt from income taxation (in most cases state, in all cases federal) so long as the money remains in the 401k plan. Delaying income taxation can have a dramatic positive effect on the compounding growth of an account.
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[topic 11] Withdrawals and 401k Loans Although 401k plans are meant to be long term savings vehicles, participants cannot leave money in a 401k account indefinitely:
Outside of these instances, there are only two ways for participants to withdrawal money from a 401k account while employed: hardship withdrawal and 401k loan.
To view in a secondary window a chart briefly comparing hardship withdrawals with 401k loans, click here. Hardship withdrawals and 401k loans can increase a plan's popularity even if participants never take advantage of the features, because employees don't feel participation means sending their money into some seemingly never-to-be-seen-again abyss. Retirement, after all, may be decades away.
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[topic 12] ERISA Participant Rights Protections Two bodies of legal work comprise the framework for 401k plans: the Internal Revenue Code and the Employee Retirement Income Security Act (ERISA). ERISA sets standards for, among other things...
ERISA aims to ensure that retirement monies actually exist at employees' retirements by preventing fund mismanagement by administrators, trustees and others. One requirement is that employers purchase an ERISA bond for the company's 401k; the typical purchase is a bond that covers 10% of the plan's total assets. ERISA bonds are very economical and easy to buy; most business insurance agents offer them to small companies at very low annual rates. See our ERISA 404c page for more information. Fiduciary Liability Insurance Fiduciary liability insurance is quite inexpensive -- approximately five 5 percent of the coverage limits purchased, unless the company offers its own stock as an investment option, which increases the premium. Coverage is broad, and the only exclusions are for deceptive practices and fraud, which is covered by the ERISA bond. Providers of fiduciary liability insurance coverage include American International Group (AIG), Chubb Executive Risk, Lloyd's of London, Reliance Insurance, and Travelers Property Casualty. |
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[topic 13] IRS Compliance Testing To prevent employers from designing 401k plans that economically benefit only highly-paid personnel, lawmakers wrote compliance test mandates into the rules governing 401k plans.
Specifically...
Not correcting a failed year-end compliance test can mean substantial penalties and possibly even disqualification of the plan's tax-exempt status. Test failures can be VERY expensive in terms of IRS penalty fees, man-hours spent trying to correct the problems, and lost rapport with your employees, who may have to amend and refile their income tax forms -- and often pay additional income taxes. The most common compliance tests are the ADP test, ACP test, and top-heavy test.
Web 401k includes point-and-click compliance testing. It takes only seconds to check on your plan's health each month when you finish processing. Web 401k's built-in compliance testing features make it easy to spot and fix any plan imbalances long before your plan undergoes its mandatory year-end tests. |
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[topic 14] Safe Harbor 401k Plan Administration 401k compliance tests are designed to ensure 401k plans have a threshold balance, at minimum, of participation of rank-and-file employees in relation to highly-paid employees. The IRS offers an alternative means of achieving 401k plan balance: The safe harbor method of plan operation lets 401k plans skip their annual 401k discrimination testing so long as the sponsoring employer meets certain 401k employer contribution requirements designed to ensure broad participation in the company plan and provides 100% immediate vesting of the contributions.
The employer must provide annual information to employees explaining the 401k plan's safe harbor provisions and benefits, including that safe harbor contributions can not be distributed before termination of employment and that they are not eligible for financial hardship withdrawal. Employers can decide as late as 30 days before the end of each plan year whether or not to take the safe harbor route. However, if, as its safe harbor contribution, the employer wants to make matching contributions rather than the flat 3% of compensation contribution, the employer must define the matching formula well ahead of those 30 days; in fact, any safe harbor matching contribution must be defined and communicated to employees no later than 30 days before the START of the applicable plan year so employees have plenty of time to adjust their contribution rates accordingly. The safe harbor method of plan administration is NOT availalbe in all 401k plans; please check with your plan provider for availability. (Web 401k, for instance, allows it in our Elite 401ks but not in our Economy 401ks, which are designed to keep plan management ultra-simple. See our Options page and our Pricing page to compare our Web 401k Ecomony and Web 401k Elite plans.) Web 401k Elite includes requisit safe harbor notification to employees within the client's plan-specific Summary Plan Description, a document that's updated at least annually and that's designed to explain the company plan to its employees.
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[topic 15] Economic Growth and Tax Reconciliation Act of 2001 (EGTRA) The Economic Growth and Tax Reconciliation Act of 2001 made several pertinent changes to federal 401k regulations. To view a secondary window listing the changes click here; unless otherwise stated, the EGTRA amendments took effect on January 1, 2002. |
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[topic 16]
401k-Type Plans for One-Person Businesses: I. Overview Web-401k-For-One is an affordable and complete retirement plan that allows sole owners of one-person companies and one-person corporations to shelter a significant portion of their income -- in some cases, more than twice as much -- than they can shelter with other qualified retirement plans, such as money purchase pension plans, simplified employee pension (SEP) plans and savings incentive match plans for employees (SIMPLEs). It is estimated that nearly 18 million one-person business owners are eligible to participate in one-person 401(k) plans; Eligible businesses include corporations, sole proprietorships, and non-profits. Participants include accountants, lawyers, consultants, doctors, software programmers, etc. Web-401k-For-One is made to fit owner-only businesses (including spouse) and businesses with employees that can be excluded under federal laws governing plan coverage requirements. II. One-Person 401(k)s and Their Advantages Over SEP IRAs and SIMPLE IRAs. One-Person 401(k) plans can be used for incorporated and unincorporated businesses, including C corporations, S Corporations, single member LLCs, partnerships and sole proprietorships. Real estate brokers, consultants, attorneys, manufacturers representatives, interior designers, retirees starting a new business and other professionals who work by themselves are prime candidates. Under rules created by changes in the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) that became effective in January 2002, a business consisting of only an owner, or an owner and his or her spouse, can make greater tax-deductible contributions in a One-Person 401(k) than under a SEP-IRA or SIMPLE IRA. Contributions are discretionary, so owners can vary them from year to year or skip them altogether. Total tax-deferred contributions in a One-Person 401(k) cannot exceed 100% of pay, up to a maximum of $41,000 for those under age 50. This amount includes salary deferrals of up to $13,000 ($16,000 if age 50 or older), plus an employer contribution of up to 25% of pay (20% for self-employed). While SEP-IRA contributions also max out at $41,000, they are limited to 25% of pay (20% for self-employed). And, SEP-IRAs do not provide for additional catch-up contributions. With a SIMPLE IRA, employees under age 50 can defer up to $9,000 this year, while those age 50 or older can contribute up to $10,500. The employer can make additional required contributions. Under these guidelines, a business owner under age 50 with earned income of $100,000 who is the sole employee of his business could contribute a maximum of $25,000 to a SEP-IRA, $12,000 to a SIMPLE IRA, and $38,000 to a One-Person 401(k) (consisting of a $13,000 salary deferral plus an employer contribution of $25,000). Someone with $150,000 in W-2 income could contribute as much as $37,500 to the SEP-IRA, $13,500 to the SIMPLE IRA, and $41,000 to the One-Person 401(k). The ability to make generous contributions at lower income levels means that business owners who want to catch-up on retirement contributions can do so more quickly than they could with a SEP-IRA or a SIMPLE IRA. Someone in his fifties with $100,000 in income could put away $41,000 for retirement this year with a One-Person 401(k); that amount of tax-deferral is not possible with a SEP or SIMPLE IRAs. Retirement plan experts say that investment flexibility, and possible increased protection of personal assets from litigation, in addition to higher contribution levels, are additional the major draws of One-Person 401(k) plans. The plans can accept rollovers from virtually any type of retirement plan, including a corporate 401(k) or an IRA. Business owners can also borrow the lesser of 50% of the plan balance, or $50,000. Loans are not allowed from SEP and SIMPLE IRAs, or IRA Rollovers. The One-Person 401(k) loan feature is a powerful advantage for business owners who may need quick, short-term access to their money without incurring the taxes and penalties associated with taking an early distribution from a rollover IRA. A lot of people are using a One-Person 401(k) to consolidate existing retirement accounts, and then borrow against the plan. For someone under age 59 ˝ who has left a job and is strapped for cash, the loan feature can be a way to get money out of a 401(k) without facing the penalties and taxes associated with a premature retirement plan distribution. The only requirement to establish an ad count is that you have self-employment income, so someone who is between jobs and doing consulting work would qualify. Loans must be repaid according to IRS guidelines as they would with a corporate 401(k), or become subject to taxes and penalties. III. If you are considering a One-Person 401(k) be sure it includes the following 3 features, which are not typically available in plans provided by insurance companies and mutual fund companies, or plans priced less than $300 annually.
Benefits of 401(k) Easy-For-One * Employer/owners may contribute up to $41,000 per year, depending on their income. * 401(k) Easy-For-One contributions are made with "pre-tax" dollars, and earnings grow tax-deferred until withdrawn *Employer/owners can make salary deferrals equal to 100% of compensation, up to a maximum of $12,000 for 2003. This maximum will increase by $1,000 per year until 2006, when it reaches $15,000. * Employer/owners may also make company profit-sharing contributions up to 25% of salary. * Employer/owners who are age 50 and above may contribute an additional "catch-up" contribution of $1,000 annually, in addition to the $40,000 maximum. This catch-up contribution maximum will increase by $1,000 per year until 2006, when it reached $5,000. *If new employees are hired the 401(k) Easy system will immediately accommodate them---additional set-up and annual maintenance fees will apply. *Rollovers into the 401(k) Easy-For-One are permitted from SEP, SARSEP, SIMPLE IRA, traditional IRA, rollover IRA, Keogh, 401(k), 403(b) and 457 plans. *Loans are available to the employer/business owner via the 401(k) Easy-For-One. *Employer/owners have complete control over their 401(k) Easy-For-One investments, as do all 401(k) Easy Online users. |
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