1.9 ERISA Flashcards
ERISA (Employee retirement income security act of 1974)
*this is for private employers (non governmental)
eligibility for retirement plans (must meet)
-21 years or older
-worked 1,000 hours in the previous year
SECURE ACT (expanded) : permanent part-time; 500 hours for 3 consecutive years 401k only
ERISA (funding)
-MUST be kept in trust separate from company’s other assets (not subject to creditors claims)
ERISA (communication)
minimum communication standards
send plan documents
summary plan documents all potential eligible employees
ERISA (beneficiaries)
if employee is married
-must name spouse as bene for at least 50% of their retirement acc. (or get signed waiver from spouse)
other
ERISA (fiduciary responsibility)
risk control first consideration in investments
-no uncovered options
no margin
no short sale of stock
vesting: must fully vest within set time frames in law
(ex: cliff vesting, graded vesting)
vesting
how soon employee has rights to keep employer contributions
Cliff vesting
100% by 3 yr of service
Erisa participation
Eligibility rules for all employees
Employees must be covered at age 21 or  older, and have performed one year of full-time service
 one year full-time service defines as 1000 hours or more
Erisa funding
Funds contributed to the plan must be segregated from other corporate assets
Plan trustees must administer invest the assets prudently in the best interest of the participants
IRS contribution limits must be  observed

What type of plant does Erisa regulate
 Private sector( corporate plans) only it does not apply for plans for federal or state government workers
NO NONQUALIFIED PLANS
HSA
Health savings account, which is tax exempt trust, or custodial account. Individuals can set up with a qualified. HSA trustee to pay or reimburse certain medical expenses incurred.
Benefits of an HSA
Claim tax deduction for contributions to you or someone other than your employer make it to your HSA even if you do not itemize your deductions on form 1040
Contributions to your HSA made by your employer may be excluded from your gross income
Contributions remain in your account until you use them
 interest and earnings on the assets are tax-free
Distributions may be tax free if you paid pay qualified medical expenses
HSA are portable in stay with you if you change your employers or leave for work
Eligibility requirements for HSA
You must be covered under a high deductible health plan on the first day of the month
No other health coverage, except what is permitted under the rules
Not enrolled in Medicare
Cannot be claimed as a dependent on someone else’s tax return
You cannot have a joint HSA
High deductible, health plan HDHP
Higher annual deductible than typical health plans
Maximum limit on the sum of annual deductible
Contributions to an HSA
For employer use HSA, the employer and employee Maples contribute to the HSA in the same year
Contributions must be made in cash, but the law permits investments to be made into stocks, bonds, and mutual funds.