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Posts Tagged ‘nondiscrimination testing’

Now let’s take a look at the different 401(k) plans available today.

There are basically 3 types of 401(k)s and an automatic 401(k) feature that may be applied to any of these.

Traditional 401(k)
With a traditional 401(k) plan the employer decides whether or not the company will contribute to the plan and may contribute a percentage of each employee’s compensation to the employee’s account (called a nonelective contribution), or may match the amount employees decide to contribute (within the limits of current law) or may do both. The employer may also have the flexibility of changing the amount of nonelective contributions each year, according to business conditions.
If the employer does contribute to the plan a vesting schedule may be applied for employer contributions.
These plans are subject to annual nondiscrimination testing to ensure that the amount of contributions made on behalf of rank-and-file employees is proportional to contributions made on behalf of owners and managers.

Safe Harbor 401(k)

Under a safe harbor plan, the employer must match each eligible employee’s contribution, dollar-for-dollar, up to 3 percent of the employee’s compensation, and 50 cents on the dollar for the employee’s contribution that exceeds 3 percent, but not 5 percent, of the employee’s compensation or may make a nonelective contribution equal to 3 percent of compensation to each eligible employee’s account.
All employer contributions are 100% vested and the plans are not subject to annual nondiscrimination testing.

SIMPLE 401(k)

Employer contributions to a SIMPLE 401(k) plan are limited to either a dollar-for-dollar matching contribution, up to 3 percent of pay; or a nonelective contribution of 2 percent of pay for each eligible employee.
No other employer contributions can be made to a SIMPLE 401(k) plan, and employees cannot participate in any other retirement plan of the employer. All employer contributions are 100% vested and the plans are not subject to annual nondiscrimination testing.

For a plan to qualify as an Automatic 401(k) the following conditions must be true.

  • Initial automatic employee contribution must be at least 3 percent of compensation. If initial employee contributions are less than 6 percent they must be set to automatically increase so that, by the fifth year, employee contribution is at least 6 percent of compensation.
  • Employee contributions are limited to $16,500 for 2009 and 2010 with an additional catch up contributions allowed of $5,500 for participants 50 and over.
  • Employer contributions must be at least a matching contribution, up to 1 percent of pay and a 50 percent match for all salary deferrals above 1 percent but no more than 6 percent of compensation; or a nonelective contribution of 3 percent of pay to all participants.

In part 4 of our series we will examine Roth plans, Profit Sharing Plans and the New Comparability Profit Sharing Plan.

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As the economy improves (think positive) small businesses should be looking again to provide employees with benefits that will ensure their best workers are with them for a long time to come. Health insurance aside the benefits most workers are anxious for are retirement benefits. However, for small business owners choosing and implementing the best retirement plan for the business can be a complicated and time consuming project, so for the next few blogs I will address some of the options available for retirement, the basics you need to know, as a small business owner, and advantages and disadvantages you may want to consider.

First we’ll discuss qualified plans, that is, plans which by definition qualify for tax-preferred treatment by the federal government, usually in the way of tax deductions or credits. When comparing the way in which benefits are determined, there are basically two groups, Defined Contribution Plans and Defined Benefit Plans.

With Defined Contribution Plans the benefit received by the participant depends upon the account balance of the participant when the funds are distributed and the plan itself defines the how contributions are made to the participant’s account.

One class of Defined Contribution Plans is Individual Retirement Accounts or IRAs. IRAs enjoy the following features:

  • Easy to set up and operate,
  • No annual return required,
  • Annual nondiscrimination testing not required, and
  • Immediate vesting of all contributions.

Discrimination testing ensures that the amount of contributions made on behalf of rank-and-file employees is proportional to contributions made on behalf of owners and managers, while vesting refers to employee ownership of the contributions. If contributions are 100% vested, the full amount is accessible to the employee (minus of course taxes due and a 10% penalty if withdrawn before retirement age). If employer contributions are vested according to a vesting schedule then if the employee terminates employment before completing a set number of years (according to the vesting schedule) the employee forfeits a portion of the employer’s contributions to the account. The forfeited amounts are then divided up among the remaining accounts.

A Simplified Employee Pension Plan (SEP) is an IRA that allows employers the option from year to year to make contributions on a tax-favored basis to IRAs of their employees. The employee must set up the IRA to accept the employer’s contributions and all eligible employees must participate in the plan, including part-time employees, seasonal employees, and employees who die or terminate employment during the year.
Sole proprietors, partnerships, and corporations, including S corporations, can set up SEPs. Administrative costs are low and employer may be eligible for a tax credit of up to $500 per year for each of the first 3 years for the cost of starting the plan.

The SIMPLE SEP has the same features as the SEP IRA except the employer must make either matching contributions or contribute 2% of each employee’s compensation. Also the plan must be offered to all employees who have earned income of at least $5,000 in any prior 2 years, and are reasonably expected to earn at least $5,000 in the current year.

In my next blog, we’ll discuss 401(k)s.

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