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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, below for information on 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 401k Easy Online, 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 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. (401k Easy Online, 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 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 8] 401k Contribution Guidelines and Limitations There are three federally mandated limitations as to how much an employee can contribute to his or her 401k account each year, and how much the employer can likewise contribute to the company's plan: I. 401k Plan Participant Limitation
II. 415 Limitation
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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 401k Easy Online 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 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. An employer interested in purchasing an ERISA bond for the company's 401k typically buys a bond that covers 10% of the plan's total assets. ERISA bonds are very economical and easy to buy --- most insurance agents offer these bond's to small companies at very low annual rates. Fiduciary Liability Insurance Fiduciary liability insurance is very inexpensive; the cost is 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, too. The most common compliance tests are the ADP test, ACP test, and top-heavy test.
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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 employer 401k 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. (401k Easy Online, 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 Ecomony and Elite 401k plans, both of which are run via 401k Easy Online.) 401k Easy Online Elite includes requisit safe harbor notification to employees within a 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 January 1, 2002. |
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[topic 16] 401k-Type Plans for One-Person Businesses: As of January 1, 2002, the 401k became an attractive retirement savings vehicle for even owner-only businesses. Upwards of 18 million one-person business owners are eligible to participate in one-person 401k plans. These people are accountants, lawyers, consultants, doctors, software programmers, and other professionals, and their businesses run the gammut from corporations to sole proprietorships to non-profit organizations. 401k Easy Online offers two levels of one-person plans, both of which are highly affordable: our Economy-for-One plan costs just $395 a year, and our Elite-for-One plan, which allows for greater plan customization and investment flexibility, costs $595 a year. Please see our Options page for a complete comparison of the two approaches. The plans are designed for owner-only businesses (including spouse) as well as for businesses whose employees can be excluded under federal laws governing plan coverage requirements. One-person plans are subject to the same contribution maximums as other 401k plans: namely, participant contribution cap, the participant-plus-employer-contributions cap (the 415 Limitation), and the cap on how much an employer can contribute to employees' 401k accounts in aggregate (the 404 Limitation). See topic 8, above, for a complete explanation of these limits. The increases that took effect on January 1, 2002, in particularly the 404 Limitation but also the others, greatly heightened the 401k's attraction to owner-only businesses. Now such can shelter significantly more money -- sometimes as much as twice as much -- within a 401k as within other qualified retirements plans, including money purchase pension plans, simplified employee pension (SEP) plans and savings incentive match plans for employees (SIMPLEs). Now, companies are permitted to contribute as much as 25 percent of payroll to the 401k plan. In an owner-only plan, that entire 25 percent can go into the owner's 401k account as an "employer" contribution (subject to the other limitations described above in topic 8.) This is a significant increase over previous maximums owner-only plans were subject to. Calculating the maximum contribution that a one-person business owner can make to his or her 401k account is fairly straightforward, but the calculation varies slightly depending on if the business is a sole proprietorship, partnership, or corporation. Contact us with your business' type and we'll be happy to supply you with the appropriate formula for determining the optimal "participant" and "employer" contributions for your owner-only plan. Key Benefits of One-Person 401ks -- and Particularly 401k Easy Online's One-Person 401ks:
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