Lesson 3 of Retirement Planning: Administration of Qualified Plans Flashcards

1
Q

Distributions from Qualified Plans!

A

To recieve the tax-free growth of the assets within the qualified plan, the plan participants must follow precise rules and requirements regarding distributions from the plan.

  • Distribution Options
  • Taxation of Distributions
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2
Q

Distributions Options

A

Distributions are disbursements of assets from the qualified plan with no intention of returning the assets to the plan.

Distributions Include:

  • In Service Withdrawals
  • Payments made upon termination or retirement
  • Distributions Related to Domestic Relations Orders

Distributions Do NOT Include:

  • Loans, unless the loan is not repaid then it would be a distribution.

Qualified Plans offer many types of Distributions Options:

  • Lump Sum
  • Rollover
  • Single Life Annuity
  • Joint Life Annuity
  • MAY Also offer In Service Distriubtions and hardship withdrawals BEFORE retirement,

Pension Plans + Profit Sharing Plans

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3
Q

Pension Plans

A

Distributions from pension plans are normally made because of the participant’s:

  • termination employment,
  • early retirement,
  • normal retirement,
  • disability, or
  • death
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4
Q

Early Termination

A

A participant who terminates employment before normal retirement age may have up to three
options:

  • (1) receive a lump-sum distribution of the qualified plan assets,
  • (2) roll the assets over to an
    IRA or other qualified plan, or
  • (3) leave the funds in the pension plan

Forced Payout: If the participants vested account balance is less than $5,000, then the plan may distribute the balance to the participant if the participant does not make a timely election.

  • If Forced Payouts between $1,000 and $5,000 should be directly rolled to an IRA if participant has not made timely election.
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5
Q

Normal Retirement

A

At the participant’s normal retirement age, the pension plan will typically distribute retirement benefits through an annuity payable for the remainder of the participant’s life.

Single Participant:
- Single Life Annuity automatic form of benefit.

Married individuals, must be offered:
- a qualified joint and survivor annuity

Regardless, distributions from qualified pension plans are ORDINARY TAX.

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6
Q

Qualified Joint and Survivor Annuity (QJSA)

A

A Qualified Joint and Survivor Annuity (QJSA) generally must be provided to married participants of a pension plan and must also be provided to married participants of profit sharing plans, unless the benefit is payable to the surviving spouse upon the participants death.

The QJSA pays a benefit to the participant and spouse as long as either lives. At the death of the first spouse, the surviving spouse’s annuity payments can range from 50 percent to 100 percent of the joint life benefit.

The nonparticipant spouse beneficiary may choose to waive his or her right to a QJSA by executing a notarized, or otherwise official, waiver of benefits.

  • The waiver may be made during the 90-day period beginning 90 days before the annuity start date.
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7
Q

Qualified Pre-Retirement Survivor Annuity (QPSA)

A

A Oualified Pre-Retirement Survivor Annuity (QPSA) generally must also be provided to married participants of a pension plan or a profit sharing plan, unless the benefit is payable to the surviving spouse upon the participant’s death.

A QPSA provides a benefit to the surviving spouse if the participant dies before attaining normal retirement age.

The nonparticipant spouse is offered the QPSA and may choose whether to accept or waive the
option. The QPSA may be waived by the nonparticipant spouse via a written notarized waiver.

Full Value of QPSA is taxed at:

  • Ordinary Income Tax
  • Estate Tax
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8
Q

Exam Question QPSA

Which of the following is/are elements of an effective waiver for a pre-retirement survivor annuity?

  1. The waiver must be signed within six months of death.
  2. The waiver must be signed by a plan participant.
  3. The waiver must be signed by the nonparticipant spouse and notarized or signed by a plan official.

a) 3 only.
b) 1 and 2.
c) 2 and 3.
d) 1, 2, and 3.

A

Answer. A

Only the nonparticipant spouse must sign the waiver

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9
Q

Rollover

A

A distribution from a pension plan may be rolled over into another qualified plan or an IRA
- provided the participant is not required to begin taking the required minimum distributions.

In certain situations, however, when a distribution is taken as a lump-sum distribution,
- the recipient may receive favorable tax treatment on the distribution (NUA for employer stock), 10-year forward averaging [participant born prior to 1936], and/or pre-74 capital gain treatment) as discussed below.

These favorable tax treatments will be lost if the distribution is rolled over

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10
Q

Profit Sharing Plans

A

At termination, the participant may be able to take distributions from a profit sharing plan as:
- ordinary taxable income,
- annuitize the value of the account (if the plan document permits), or
- roll the assets over into a rollover qualified plan or IRA.

Unlike pension plans, profit sharing plans are not required to offer survivor benefits:
- if the plan does not pay the participant in the form of a life annuity benefit and
- the participant’s nonforfeitable accrued benefit is payable to the surviying spouse upon the participant’s death

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11
Q

Taxation of Distributions

A

Distributions from qualified retirement plans are generally subject to ordinary income tax.

Plan account balances usually contain both contributions and earnings that have never been subjected to income tax.

Plan custodian is required to withhold a mandatory 20% from most distributions made to the participant.
- other than hardship distributions and loans.

  • Witholding Requirement only is for qualified plans and not distributions of IRA’s.

Taxation of Distributions Covers:
- Rollovers
- After Tax Contributions
- Adjusted Basis
- Lump-Sum Distributions
- Special Taxation Options for Lump-Sum
- Net Unrealized Appreciation (NUA)
- Qualified Domestic Relations Order

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12
Q

Rollovers

A

The participant may elect to roll over or transfer the balance of the account into another tax advantaged qualified plan or an IRA account rather than taking a lump-sum distribution.

The decision to roll over qualitied plan assets into an IRA should be considered carefully.

While a rollover will allow the assets to continue to grow in a tax-deferred environment.
- IRAs are subject to limitations.

Rollers may be Acoomplished:
- Direct Rollover
- Indirect Rollover

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13
Q

Direct Rollover

A

which occurs when the plan trustee distributes the account balance directly to the trustee of the recipient account.

The original plan custodian is not required to:
- withhold 20 percent of the distribution for federal income tax if a direct rollover is made.

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14
Q

Indirect Rollover

A

Qhich occurs through a distribution to the participant with a subsequent transfer
another account.

In this instance the original custodian issues a check to the participant in the amount of the full
account balance reduced by the 20 percent mandatory withholding allowance.

In order to complete the rollover, the participant must then reinvest the full original account
balance of the qualified plan:
- (including the 20 percent mandatory withholding)
- within 60 days of the original distribution into the new qualified plan or IRA.

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15
Q

Example of a Direct vs Indirect Rollover

A
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16
Q

Roll From Roll To Chart

A
The following Chart Summarizes Allowable Rollovers
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17
Q

After-Tax Contributions

A

If a qualified plan consists of employee after-tax contributions, these contributions may be rolled over into:
- another qualified plan that accepts after-tax dollars or
- into a traditional IRA.
- It also results in a basis in the plan.

In the case of a rollover of after-tax contributions from one qualified plan to another qualified plan
the rollover can only be accomplished through a direct rollover.

A qualitied plan is not permitted to
accept rollovers of after-tax contributions:
- unless the plan provides separate accounting for such contributions and
- the applicable earnings on those contributions.

Conversely, after-tax contributions are not permitted to be rolled over from an IRA into a qualified plan.

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18
Q

Adjusted Basis

A

A participant will have an adjusted basis in distributions received from a qualified plan if either of the following have occirred:

  • The participant made after-tax contributions to a contributory qualified plan, or
  • The participant was taxed on the premiums for life insurance held in the qualified plan.
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19
Q

Adjusted Basis - Annuity Payments

A

Amounts distributed as an annuity are taxable to the participant of a qualified plan in the year in which the annuity payments are recieved.

Each annuity payment is considered partially tax-free return of adjusted basis and partially ordinary income using an inclusion/exclusion ratio.

( Cost Basis in the Annuity ) ÷ ( Total Expected Benefit ) = Exclusion Ratio
- Think Income TAXES!!

Once the participant has recovered the entire cost basis of the annuity, all future monthly payments will be fully taxed.

Distributions that are not lump-sum and are not part of an annuity are taxed pro rata to the account balance in comparison to the pretaxed portion.

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20
Q

Exam Question - Taxation of Distributions

On April 30, Ava, age 42, received a distribution from her qualitied plan of $150,000. She had
an adjusted basis in the plan of $500,000 and the fair market value of the account as of Apr 30
was $625, 000. Calculate the taxable amount of the distribution and any applicable penalty.

a) $30,000 taxable, $3,000 tax penalty
b) $30,000 taxable, $0 tax penalty
c) $120,000 taxable $12,000 tax penalty
d) $150,000 taxable, $15,000 tax penalty

A

Answer: A

Because the distribution to Ava does not quality for the exception to the 10 percent penalty, the
taxable amount of the distribution will be subjected a 10 percent penalty. To calculate the
amount of the distribution that is return of adjusted basis, the adjusted basis in the plan is divided by the fair market value of the plan as of the day of the distribution. This ratio is then multiplied times the gross distribution amount. As such, $120,000 [($500,000 ÷ $625,000) x $150,000] of the $150,000 distribution is return of adjusted taxable basis. Accordingly, $30,000 ($150,000 - $120,000) will be subject to income tax, and there will be a $3,000 ($30,000 x10%) tax penalty.

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21
Q

Lump Sum Distributions

A

Participants may take a full distribution, often calledva lump-sum distribution, from a plan upon
termination of employment

Lump-sum distributions from a qualified pension
or protit sharing plan may receive special income
tax treatment. To be considered a “lump-sum distribution.” the distribution must meet the following four requirements:

  1. The distribution must represent the employee’s entire accrued benefit in the case of a pension plan or the full account balance in the case of a defined contribution plan.
  2. The distribution must be on account of either the participant’s death, attainment of age 59½,
    separation from service (does not apply to self-employed individuals in the plan), or disability.
  3. The employee must have participated in the plan for at least five taxable years prior to the tax
    year of distribution (waived if the distribution is on account of death).
  4. The taxpayer must elect lump-sum distribution treatment by attaching Form 4972 to the
    taxpayers federal income tax return. This must be filed by the participant or (in the case of the
    participant’s death) by his estate within one year of receipt of the distribution.

All of the four requirements must be met in order for the distribution to quality as a lump-sum distributon and therefore quality for any of the special tax treatments described below:

  • 10 year forward averaging
  • Pre-Tax 1974 capital gains treatement
  • NUA Treatment
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22
Q

Special Taxation Options for Lump-Sum Distributions

A

The full value of a distribution from a qualified plan is usually subject to ordinary income tax at the date of the distribution (except for the return of a participants adjusted basis from certain types of after-tax contributions).

In certain circumstances, however, when
an employee takes a lump-sum distribution from a qualified plan, that lump-sum distribution may be eligible to receive favorable income tax treatment.

Specifically, a lump-sum distribution may be eligible for ten-year forward averaging, pre-1974 capital gain treatment, or net unrealized appreciation treatment

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23
Q

10 Year Forward Averaging

A

Editor’s note: very unlikely to be tested, but may appear in an answer set.

A participant born prior to January 2, 1936 may be eligible for 10-year forward averaging when taking a lump-sum distribution from a qualified plan.

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24
Q

Pre-1974 Capital Gain Treatment

A

Editors note: very unlikely to be tested, but may appear in an answer set

Participants who are born prior to January 2, 1936 may be eligible to receive capital gain tax
treatment on the portion of a lump-sum distribution that is attributable to pre 1974 participation in a qualified plan.

The capital gain rate for this type of tax treatment is 20% and the distribution must be a lump-sum distribution.

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25
Q

Exam TIP

A

HINT! While you should be aware of the l0-year averaging and pre-74 gains methods, your time IS better spent on the NUA calculations.

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26
Q

Net Unrealized Appreciation (NUA)

A

Taxpavers who receive a lump-sum distribution of employer securities (such as stock) may benefit using a special tax treatment on the distribution. This tax treatment allows the more favorable capital gain tax treatment instead of ordinary income tax treatment on the NUA portion of the distribution as well as a deferral of recognition of the gain on the NUA portion until the distributed employer securities are sold.

Net Unrealized Appreciation (NUA) is defined as the excess of the fair market value of the employer securities at the date of the lump-sum distribution over the cost of the employer securities at the date the securities were contributed to the qualified plan.

FMV at Date of Distribution
(minus)
Value of Securities Used at the Date of the Employer Contribution
= Net Unrealized Appreciation

At the date of the subsequent sale of the employer secunties, the participant will be required to recognize the long-term capital gain deferred since the date of the distribution.

Any subsequent gain after the distribution date will be treated as either short-term capital gain or long-term capital gain based on the holding period beginning at the date of the distribution

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27
Q

Following Chart Illustrates NUA

A
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28
Q

Example of Utilizing NUA Rules for Employer Stock

A
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29
Q

Several Issues Involved in This Type of Transaction Are:

A

First, the participant must qualify for lump-sum distribution treatment.

Second, the NUA portion must be relatively high in comparison to the cost basis portion; otherwise, the recipient may be paying too much immediate ordinary income tax for the benefit of future long-term capital gain treatment.

The next issue concerns whether the stock is to be held by the recipient. If so then the investment risks of holding a large concentration of a single security must be considered.

Finally cash flow considerations must be evaluated to determine the impact of holding the
securities versus selling the securities. Note: The amount subject to ordinary income tax is subject to a penalty if there is no exception in the IRC.

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30
Q

Inherited Securities with NUA Resulting from a Qualified Plan Distributions

A

The inherited stock will receive an adjustment of basis to FMV at date of death less any unrecognized NUA.
- The tax will be paid when the assets are disposed of by the heirs.

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31
Q

Exam Question - Inherited Securities with NUA Treatment

Virginia recently found out an Uncle she had not seen since she was a child left her his brokerage account with Coca-cola stock. He had worked for Coca-cola for many years while he lived in Atlanta. The paperwork stated her Uncle had a basis of $100,000, Net Unrealized Appreciation of $150,000 and a date of death value of $325,000. This inhentance was a surprise to Virginia but came at a good time since she is getting marred soon and has been house shopping, so she can put the money to good use. Virginia has come to you, as her financial planner, and would like to know the tax ramifications of selling the stock now that the value has increased $350,000. What tax consequences will she face?

a) None, she inherited the stock and can sell without tax consequences.

b) She will pay short-term capital gains on $25,000

c) She will pay long-term capital gains on $325,000 and $25,000 short-term capital gains.

d) She will assume a basis of $325,000, the NUA portion will be taxed at long-term gain
and any gain at holding period of the beneficiary

A

Answer: D

When inheriting stock with NUA treatment, the beneficiary assumes the FMV minus the unused
NUA. This is different than typical inherited property or inherited IRAs. The NUA portion will
retain long-term capital gain rates. Any gain above the date of death value will be taxed based
on the beneficiaries holding period. Virginia will pay long-term capital gain rates on $150,000
and $25,000 will be taxed at short-term capital gains rate if she sells immediately.

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32
Q

Qualified Domestic Relations Order as applied to Retirement account distributions

A

An exception to the ERISA anti-alienation rules has been made if the assignment or alienation is at the direction of a Qualified Domestic Relations Order (QDRO).

A QDRO is an order, judgment, or decree pursuant to a state domestic relations law that creates or recognizes the right:

  • of a third party alternate payee (nonparticipant) to receive benefits from a qualified plan.

There are two basic approaches that may be used to divide the benefit depending on the reason the QDRO is being used.

  • One approach, often called the “shared payment approach,” splits the actual benefit payments made between the participant and the alternate payee.
  • The second approach, often called the “separate interest” approach, divides the participant’s
    retirement benefit into two separate portions.

A distribution pursuant to a QDRO will not be considered a taxable distribution to the third party alternate payee as long as the assets are deposited into the recipient’s IRA or qualified plan.

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33
Q

Distributions Prior to 59.5

A

To discourage taxpayers from using the funds before retirement tayable distributions before the age of 59½ will generally be subject to a 10% early withdrawal penalty.

Earl Withdrawal Penalty
- A distribution prior to the participant attaining the age of 59½ may be subjected to a 10% early withdrawal penalty unless the distribution meets one of several exceptions

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34
Q

Exceptions to 10% Early Withdrawal Penalty

EXAM TIP: Make a flashcard and memorize the exceptions to the 10% penalty!

A

“Attainment of Age 55 and seperation from service” make sure to understand. Exam Questio covers it, a few flashcards away.

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35
Q

If Distributions are Part of Section 72(t) or Substantially Equal Periodic Payments

A

If the distribution is part of a series of substantially equal periodic payments, also called Section 72(t) distributions, made at least:
- annally for the life
- or life expectancy of the participant
- or the joint lives
- or joint life expectancies of the participant and his designated beneficiary,

the payments will not be subjected to the 10% early withdrawal penalty. The payments must begin after the participant has separated from service, and to be considered substantially equal periodic payments the payments must be made in any one of the following three ways:

  • Required Minimum Distribution Method: The payments are calculated in the same manner as required under minimum distribution rules (discussed below). Note that payments are recalculated annually.
  • Fixed Amortization Method: The payment is calculated over the participant’s life expectancy if single, or the joint life expectancy if married, and the interest rate is reasonable. This method creates a series of installment payments that remain the same subsequent years
  • Fixed Annuitization Method: The participant takes distributions of the account over their life
    expectancy determined by dividing the account balance by an annuity factor using a reasonable
    interest rate and mortality table.
  • Under this method, the payment does not change in future years.
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36
Q

Payment Method Calculated Above?

??

A

The payment calculated under one of the methods determined above must continue exaclty as calculated for the later of five years from the date of the first payment or the participant attaining the age of 59½.

  • If the payments change in any way, the participant will be considered to have made a
    distribution equal to the full account balance of the qualified plan in the first year of the
    substantially equal periodic pavments
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37
Q

Additional Ways to Avoid the 10% Penalty

A

First, the government provides an exception (E) to the 10% early withdrawal penalty if the distributions are dividends paid within 90 days of the plan year end from an ESOP.

Second, if the distribution is made to pay certain
unpaid income taxes (T) because of a tax levy
on the plan.

Third there is no 10% penalty if the distribution is made to the participant for certain
medical expenses (M) paid during the year greater than 7.5 percent of the participant’s adjusted gross income (whether the person itemizes or not).

Fourth. if the distribution is pursuant to a QDRO, (Q) there will be no 10% penalty on the distribution.

Fifth, if your primary residence is located in a federally declared disaster area and suffered
damages. The mandatory 20% withholding from qualified plans will not apply.

Sixth, if you have a medically declared terminal illness (employee must furnish sufficient evidence to the plan administrator), that will result in death with in 84 months.

Other exceptions to the 10 percent early withdrawal penalty are:
- plan rollovers and
- plan loans

Help: E, T, M, Q

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38
Q

Exam Tip

A

For Oualified Plans to avoid the 10% penalty, they make a “MESS AT D^3Q”

(Medical expenses, Equal periodic payments.
Separaton from service, Age, Tax levels (and terminal illness), Death, Disability, Disaster and
QDRO)

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39
Q

Exam Tip

A

For IRAs to avoid the 10% penalty, they say
“HIDE ME”

(first time Home purchase, health Insurance, Death and disability, Higher education,
Medical expenses, Equal periodic
payments, and of course, age,)

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40
Q

Exam Question - 10% Early Withdrawal Penalty

Which of the following qualified plan distributions will be subjected to a 10% early withdrawal penalty?

a) Ray, age 35, takes a $100,000 distribution from his profit sharing plan to pay for his
son’s college tuition.

b) Debra, age 56, was terminated from UBEIT Corporation. Debra takes a $125,000 distribution from the UBEIT retirement plan to pay for living expenses.

c) Frank, age 47, takes a $1,000 000 distribution from his employer’s profit sharing plan. Six weeks after receiving the $800,000 check (reduced for 20% withholding), Frank deposited $1,000,000 into a new IRA account.

d) Marie, age 22, begins taking equal distributions over her life expectancy from her qualified plan. The annual distribution is $2,000.

A

Answer: A

The distribution described in option A will be subjected to the 10% penalty. Education expenses are only an exception to the 10% penalty for IRAs, not qualified plans. All of the other options are exceptions to the 10% early withdrawal penalty.

Option B describes the exception for separation from service after age 55.

Option C describes the exception for the rollover of qualitied plan assets.

Option D describes the exception for substantially equal periodic payments.

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41
Q

Exam Question - 10% Early Withdrawal Penalty

Which of the following qualified plan distributions are subject to a 10% early withdrawal penalty?

  1. Debra, age 56, currently employed by UBEIT Corporation, takes a $125,000 distribution
    from the UBEIT 401(k) plan.
  2. Frank, age 60, takes a $1,000,000 distribution from his employer’s profit sharing plan. Ten
    das after receiving the $800,000 check (reduced for 20% withholding), Frank deposited
    the $800,000 into a new IRA account.
  3. Mariee, age 22, withdraws $2,000 of her contributions from her 401(k).

a) 1 only.
b) 3 only.
c) 2 and 3.
d) 1 and 3.

A

Answer: D

Situation 1 is subjected to the 10% early withdrawal penalty because Debra has not separated from service.

Situation 2 will not be subjected to the 10% early withdrawal penalty because Frank is older than 59½.

Situation 3 will be subjected to the 10% penalty because Marie does not quality for any of the exclusions from the 10% penalty

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42
Q

Minimum Distributions

A

The minimum distribution rules require individuals to begin taking minimum distributions when the participant attains the age of 72 for tax payers that reached age 70½ after 12/31/2019 and before 1/1/2023.

Individuals attaining age 72 after 12/31/22 and before 1/1/33, will start minimum distributions at age 73. SECURE 2.0 Act of 2022 made adjustments to the minimum distribution age for 2023 and for the year 2033 (age 75 for those reaching age 74 after 12/31/32. Additional guidance should be released).

If the funds are not distributed by the required date, a 25 percent excise tax will be levied on the
participant for failure to take the Required Minimum Distribution (RMD). SECURE 2.0 Act of 2022 decreased the penalty amount.

  • The 25% excise tax can be further reduced to 10% if the taxpayer takes the distribution from the same plan to which the tax relates, during the “correction window.”

Correction window end on the earlier of
- 1) the date
the IRS issues a notice of deficiency,
- 2) the dale
the IRS assesses the excise tax or,
- 3) the last day of the second taxable year that begins after the end of the year in which the tax is imposed.

The penalty is on an amount equal to the RMD less any distribution that was taken, but the result cannot be less than zero.

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43
Q

Exam Tip:

A

You must Know the Minimum Distribution Rules

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44
Q

Minimum Distribution Rules Apply To:

A

Minimum distributions apply to assets in a:
qualified plan,
- IRA,
- 403(b),
- SEP,
- SIMPLE, or
- 457 plan.

While minimum distribution rules do not apply to:
- Roth IRAs,
- they do apply to Roth accounts in a 401(k),
- 403(b) plan,
- or governmental 457(b) plan,
- and to inherited Roth IRAs.

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45
Q

First Distribution Must be Taken By?

A

The first distribution must be taken by April 1 of the year following the year the participant attains the age of 72 for those that reach 70½ after 12/31/2019.

Age 73 if the taxpayer attains age 72 after 12/31/22.

For each year thereafter, however, the RMD must be taken before December 31 of the tax year.

If the participant delays taking the first MD until April 1 of the year following the attainment of age 72 (or 73), the second MD must still be taken by December 31 of that same year. The delay results in a bunching of two MDs in the same year.

NOTE: There will be no first year calculated distributions in the year 2023. Those that would have reached RMD age this year, will now need to take their first MD for 2024.

Expect to see a taxpayer that is age 72 before 1/1/2023, and is delaying their first year distribution to April 1, 2023 in test questions, or a taxpayer needing to take their normal distribution.

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46
Q

EXCEPTION to RMD for Qualified Plans

A

EXCEPTION - There is an exception to the general RMD for qualified plans if a participant is still employed by the plan sponsor of a qualified plan upon attainment of age 72 (or 73 after 12/31/22).

A participant that is still employed by the plan sponsor of the qualified plan does not have to begin taking RMD until April 1 of the year after the participant terminates employment with the plan sponsor.

  • The exception is NOT available for any participant that owns more than 5% of the ownership of the plan sponsor in the year he reaches the age of 72 (or 73 after 12/31/22).
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47
Q

Calculating Required Minimum Distribution

A

The required minimum distribution (RMD) is determined each year by dividing the account balance as of the close of business on December 31 of the year preceding the distribution year

by the distribution period determined according to participant’s age as of December 31 of the distribution year in the Uniform Lifetime Table.

If a question is asked about this on the CP® exam, the table below will be provided.

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48
Q

Exception to Using Uniform Lifetime Table

A

When calculating the RMD for the plan participant, always use the Uniform Lifetime Table, which accounts for the age of the account holder and one other person who is 10 years younger.

One exception to this rule occurs when the participant’s sole designated beneficiary is the
participant’s spouse and that spouse is more than 10 years younger than the participant.

-In that case, use the Joint Life Expectancy Table to calculate the RMD.
- Utilizing the Joint Life Expectancy Tables will result in a longer life expectancy and decrease the RMD

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49
Q

Uniform Lifetime Table Used by Participants

A
50
Q

Example

A

Assume Ryan’s account balance at December 31, 2022 was $400,000, and he is 75 by December
31, 2023. He, therefore, uses a distribution period from the uniform lifetime table of 24.6

and will need to take a distribution for 2023 of $16,260.16 by December 31, 2023

($400,000) ÷ (24.6)
= $16,260.16

51
Q

Exam Question - Required Minimum Distribution

Mario reached the required minimum distribution age in November of this year (2023). He was a participant in his employer’s profit sharing plan. His profit sharing plan had an account balance of $250,000 on December 31 of this year, and $200,000 on December 31 of last year. When must Mario take his first required minimum distribution?

a) December 31, 2023
b) April 1, 2024
c) December 31, 2024
d) April 1, 2025

A

Answer: B

Mario must take a required minimum distribution before April 1, 2024, which is the year following his attainment of the required minimum distribution age.

Note - this example has purposely left off a specific age due to the change from age 72 to 73 for RMDs in 2023.

52
Q

In August of 2022, Mekhi turned 72. He was a participant in his former employer’s profit sharing plan. His profit sharing plan had an account balance of $600,000 on December 31, 2022, and $450,000 on December 31, 2021.
According to the uniform lifetime table the factors for ages 72,73 are 27.4, 26.5, respectively. What is the amount of Mekhi’s first required minimum distributon that must be taken in April 1, 2023.

a) $0
b) $16,423.
c) $22,642.
d) $21,898.

A

Answer: B
$450,000 ÷ 27.4 = $16,423: 36.

His distribution for 2022 must be taken by April 1, 2023. His 2022 distribution is based on year end 2021 balance and the factor for his age on December 31, 2022.

His 2023 distribution will be based on the December 31, 2022 balance and his age factor
for 73, and must be distributed by December 31, 2023. Delaying his first distribution causes two
distribution to be completed in one vear.

53
Q

Effects of Multiple Qualified Plans or IRAs

A

As discussed, upon reaching age 72 (or age 73 after 12/31/2022), taxpayers are required to begin taking minimum distributions. It is important to understand, however, that a minimum distribution must be taken from each qualified plan in which the taxpayer has an account balance. Therefore, if the taxpayer had three qualified plans resulting from previous jobs, then three minimum distributions would have to be taken.

Many taxpayers have multiple IRAs; however, taxpayers are permitted to combine the value of all of their IRAs in determining the required minimum distribution. The RMD for the IRAs can then be taken from any account or from multiple accounts.

54
Q

EXAM TIP

A

HINT!! Value age as of the END of the year for which you are taking the
distribution
(You can accurately project it!).

Value your portfolio as of the end of the previous year. Remember it’s the year for which you are making the distribution - whether you take it then or not!

55
Q

Example

Jerry is 72 on October 15, 2022. Jerry’s year-end account balance for 2021, 2022 and 2023 are
$300,000, $360,000, and $420,000, respectively.

Calculate Jerry’s minimum distribution for
years 2022, and 2023 (See the Uniform Lifetime Table).

A

Minimum distribution calculation for 2022:
$300,000 ÷ 27.4
= $10.948.91

Minimum distribution calculation for 2023
$360,000 ÷ 36.5
= $13,584.91

Full Minimum distribution for 2023 if Jerry elected to delay his 2022 distribution to the last
possible moment: $24,533.82 = (10,948.91 + 13,584.91)

56
Q

Example

A
57
Q

SECURE ACT 2019 Rule Change

A

SECURE Act 2019 changed the rules around distributions from qualified plans (and IRAs) after the taxpayer’s death. All distributions following the taxpayer’s death will follow the same rules, regardless if RMDs have begun or not. The rules are based on the type of beneficiary you are.

58
Q

Effect on Participant’s Death on Minimum Distributions - Participants Death Post 12/31/2019

A
  1. Eligible Designated Beneficiary
  2. Designated Beneficiary
  3. Non-Designated Beneficiary

If no beneficiary has been named by December 31 of the year following the owner’s death (or the beneficiary is the decedent’s estate or a charity), then distributions must continue over the remaining distribution period of the deceased
owner.

The remaining distribution period is reduced by one each year.

59
Q

Eligible Designated Beneficiary

A

An Eligible Designated Beneficiary can distribute the assets over their life expectancy. An eligible
beneficiary is one of the following:

Surviving Spouse
- Surviving spouse can still rollover assets to their own IRA. If the deceased participant was
under age 72 before 1/1/2023 or 73 after 12/31/22, surviving spouse can delay distribution
until the deceased participant would have been 72 before 1/1/2023 or 73 after 12/31/22.

Child participant who has not reached age of majority.
- Once the child reaches age of majority they become an ineligible beneficiary and must follow
the rules for a Designated Beneficiary (distribute within 10 years - once reaching the age of
majority).

Disabled or chronically ill individual

Any other individual who is NOT more than ten years younger than the participant.

Upon the death of the Eligible Designated Beneficiary, their beneficiary must distribute the assets within 10 years.

60
Q

Designated Beneficiary

A

Is a listed beneficiary that does not meet the criteria of an Eligible Designated Beneficiary.

A Designated Beneficiary must distribute the account balance by December 31st of the year containing the 10th anniversary of the participant death.
- A grandchild, minor or not, will be a designated beneficiary.

61
Q

Non-Designated Beneficiary

A

This category includes an estate, charity and some trusts.

  • Continues to follow the pre-SECURE Act rules (see chart below).
62
Q

Chart of the Beneficiaries Differences

A

EXAM TIP: Know this Chart

63
Q

Exam Question - Distribution after Participant’s Death

Dita began taking required minimum distributions from her profit sharing plan 7 years ago. In 2023, Dita died after suffering a heart attack. She had not named a beneficiary of her profit sharing plan. Which of the following statements is false?

a) Dita’s estate may take a full distribution of the profit sharing plan’s assets in the year of her death.

b) In the year of Dita’s death the minimum required distribution will be equal to the minimum required distribution had Dita not died.

c) Dita’s estate must take a distribution of the profit sharing plan account balance by the end of 2028.

d) The required minimum distribution for 2024 will be calculated utilizing the factor according to Dita’s age reduced by one

A

Answer: C

Because Dita had already begun required minimum distributions, the five-year requirement does not apply, but her estate must continue taking distributions over Dit’s remaining life expectancy reduced by one each year. All of the other options are true statements

64
Q

Installation, Administration, and Termination of Qualified Plans!

A

Qualified Plan Selection
Establishing a Qualified Plan
Administration
Amending and Terminating a Qualified Plan

65
Q

Qualified Plan Selection

A

Business Objectives

Employee Census

Cash Flow Considerations

Administration Costs

Owner’s Business and Personal Objectives

Plan Selection Application

66
Q

Business Objectives - Steps to Select a Qualified Retirement Plan.

A
67
Q

Employee Census

A

An important first step to consider when selecting a qualified plan is to prepare an employee census.

The census will identify each employee, their age, compensation, number of years of employment, and any ownership interest.

The census helps to identity which employees will benefit (and to what extent) from using various
possible types of plans.

In addition to a current census, a review of employee turnover is essential to plan selection because such a review can help determine the appropriate vesting schedules and how to deal with fortetures resulting from employee termination

68
Q

Cash Flow Consideration

A

The decision maker should always consider the company’s financial stability and the predictability of its cash flows prior to plan selection.

69
Q

Administration Costs

A

When a company implements a qualified plan, there are numerous costs associated with adopting and administering the plan.

70
Q

Owner’s Business and Personal Objectives

A

If the company is a small or closely held company, then the owner’s personal and business objectives are critical in plan selection.

Small business owners typically want to reduce their current taxes and save for their own financial future.

71
Q

Plan Selection Application

A

After evaluating each of the above issues, a financial advisor/pension expert can assist the owner or key decision maker in determining which plan suits the owner and the company’s needs.

72
Q

Chart Summarizing Characteristics of a Qualified Plan

A
73
Q

Plan Selection Process Chart

EXAM TIP: KNOW THE FOLLOWING CHART

A
74
Q

Exam Question - Plan Selection

Jay, age 55 and the owner of a bicycle repair shop, has come to you to establish a qualified plan. The repair shop, which employs mostly young employees, has had steady cash flows over the past few years, but Jay foresees shaky cash flows in the future as new bicycle prices decline. Jay would like to allocate as much of the plan contributions to himself as possible. He is the only employee whose compensation is in excess of $100,000. Which of the following qualified plans would you advise Jay to establish?

a) Profit sharing plan.
b) Defined benefit pension plan.
c) Cash balance pension plan.
d) Money purchase pension plan (Integrated).

A

Answer: A

A profit sharing plan would be the best choice for Jay’s company. All of the other options
described pension plans that require mandatory funding. A pension plan would not be an appro-
priate choice due to the company’s unstable cash flows.

75
Q

Exam Question - Plan Selection

Generally, younger entrants are favored in which of the following plans?
1. Defined benefit pension plans.
2. Cash balance pension plans.
3. Target benefit pension plans.
4. Money purchase pension plans.

a) 4 only.
b) 2 and 4.
c) 1 and 3
d) 2, 3, and 4.

A

Answer: B

Cash balance and money purchase pension plans favor younger entrants. Defined benefit and
target benefit pension plans favor older age entrants with less time to accumulate, and therefore, require higher funding levels

76
Q

Establishing a Qualified Plan

A

The employer-sponsor is responsible for setting up and maintaining the qualified plan.

  • Adopting a Qualified Plan
  • Notifying Eligible Employees
  • Qualified Trusts
  • Investing Plan Assets
77
Q

Adpoting a Written Plan

A

A qualified plan must be detailed in a written plan that is adopted by the company. To take an income tax deduction for contributions for a particular tax year, the plan must be adopted by the due date of the tax return plus extensions (for plan years after 12/31/19).

Master or Prototype Plans:
- The majority of qualified plans follow standard forms called master or prototype plans. These
plans have been approved by the IRS and are available for employers to simply adopt.

Individually Designed Plans
- If the company has specific needs that are not addressed in a master or prototype plan, or if they so choose, the company can have their own individually drafted plan.
- In order to be considered a qualified plan, however, the plan must be permanent and for the exclusive benefit of the employees and their beneficiaries.
- Determination Letters:
-Determination letters may be used when a retirement plan is adopted, amended, or terminated.
-They may be filed in advance of the plan being adopted or immediately thereafter, usually by filing Form 5300.

78
Q

EXAM QUESTION - Establishing a Qualified Plan

Which of the following statements regarding determination letters for qualified plans is true?

a) When a qualified plan is created, the plan sponsor must request a determination letter
from the IRS.

b) An employer who adopts a prototype plan must request a determination letter from the
IRS.

c) If a qualified plan is amended, the plan sponsor must request a determination letter
from the Department of Labor.

d) A qualified plan which receives a favorable determination letter from the IRS may still
be disqualified at a later date.

A

Answer: D

Determination letters are issued by the IRS at the request of the plan sponsor. The plan sponsor
Is not required to request a determination letter. Even if the determination letter is requested and
approved, the IRS may still disqualify the plan.

79
Q

Notifying Eligible Employees

A

Information regarding the qualified plan must be distributed to employees who might be eligible for the plan and for those ineligible employees, too.

Before the IRS can issue a determination letter on the qualified status of a retirement plan, the employer must provide the IRS with satisfactory evidence that it has notified the persons who qualify as interested parties.

Proper advance notice can be made in person, via
e-mail or mail, or by posting a notice in a location generally used for posting notices to employees.

The employer is required to provide, free of charge, a summary of the details of the qualified retirement plan, called a Summary Plan Description, to employees, participants, and beneficiaries under pay Status (receiving benefits).

The employer is also required to provide the plan participants notices of any plan amendments or
changes. This can be done either through a revised Summary Plan Description or in a separate document, called a Summary of Material Modifications.

In addition to the Summary Plan Description, the employer must automatically provide the participants
free of charge, a copy of the plan’s Summary Annual Report each year.

80
Q

Qualified Trusts

A

The assets of the qualified plan must be placed in a qualified trust or a custodial account.

Custodial accounts are generally maintained by a bank or other financial institutions.

81
Q

Investing Plan Assets

A

Plan assets will either be managed by the plan sponsor (or an asset management firm hired by the plan sponsor or individually by the plan participants.

Defined contribution plan participants bear the investment risk for the assets in their accounts. Despite this, plan sponsors may choose to manage the plan assets or hire an outside asset management firm to manage the assets for the plan participants. However, most often, defined contribution plan assets are managed by the plan participants (known as self directed).

Plan sponsors are generally considered fiduciaries of qualified plans. Being classified as a fiduciary
requires a certain level of responsibility and prudence.

The plan must therefore provide the participants with at least three alternatives in which to invest within
the retirement plan. These alternatives must meet all of the following criteria:
- Be diversified;
- Have materially different risk and return characteristics; and
- Each alternative, when combined with investments in the other alternatives tends to minimize through diversification the overall risk of a participant’s or beneficiary’s portfolio.

82
Q

Administration

A

Qualified retirement plans require ongoing administration and maintenance.

Operating the Plan: (Subheaders)
- Covering Eligible Employees
- Making Appropriate Contributions
- Taking Deductions

83
Q

Covering Eligible Employees

A

Qualified plans require annual coverage testing to ensure that the rank-and-file employees (nonhighly compensated and non-key) are sufficiently covered.

84
Q

Making Apppriorate Contributions

A

Minimum Funding Requirement
Contributions in General

85
Q

Minimum Funding Requirement

A

In general, sponsors of money purchase pension plans, cash balance pension plans, defined benefit pension plans, and target benefit pension plans must contribute enough money into the plan to satisfy the minimum funding requirements as determined by an actuary for each year.

86
Q

Contributions in General

A

A qualified plan is generally funded by employer contributions (often called a noncontributory plan because employees do not contribute to the plan), but employees participating in the plan may also be permitted to make contributions (a contributory plan).

A company can make deducible contribuions for a tax year up (plus extensions) for the year of contributions. A promissory note made out to the plan for contributions is a prohibited transaction and is not a payment that qualifies for an income tax deduction.

While the employer generally applies contributions in the year in which they are paid the employer may apply the payment to the previous year if all the following requirements are met:

87
Q

More about Contributions in General

A

Self-employed individuals can make contributions on behalf of themselves only if they have positive net earnings (compensation) from self employment in the trade or business for which the plan was established.

Catch-up contributions for those participants age 50 and over are not subject to the annual
defined contribution limit and thus can be in addition to these limits.

In the event that more money is contributed to a defined contribution plan than is allowed
under the limits above, the excess amount is called the excess annual addition. A plan can
correct excess annual additions if the excess was caused by a reasonable error in estimating a
participant’s compensation, determining the elective deferrals permitted, or because of
forfeitures allocated to participants’ accounts.

A plan can correct excess annual additions by using one of the following methods:

Participants may be permitted to make nondeductible contributions to a plan in addition to the employer’s contributions. Even though these employee contributions are not deductible, the earnings will accrue tax free until distributed in later years. These contributions must satisfy
certain nondiscrimination tests.

88
Q

Taking Deductions - Employer Deductions

A

The employer can usually deduct, subject to certain limitations, contributions made to a
qualified plan, including those made for their own retirement.

The deduction for contributions to a defined contribution plan cannot exceed 25% of the
compensation paid or accrued during the year to eligible employees participating in the plan.

The deduction for contributions to a defined benefit plan is based on actuarial assumptions and computations. Consequently, an actuary must calculate the appropriate amount of mandatory funding.

In the case of an employer who maintains both a defined benefit plan and a defined contribution plan, the funding limit set forth is combined. The maximum deductible amount is the greater of 25% of the aggregate covered compensation of employees, or the required
minimum funding standard of the defined benefit plan
(as previously discussed).

This limit does not apply if the contributions to the defined contribution plan consist entirely of
employee elective deferrals. In other words, employee elective deferrals do not count against the plan limit.

89
Q

Deduction Limit for Self Employed Individuals (Keogh Plans)

A

While self-employed individuals may adopt basically any qualified plan (generally not a stock
bonus plan or an ESOP since there is no stock involved with sole proprietorships, partnerships,
or LLCs), the plan they choose to adopt will be referred to as a Keogh plan.

A Keogh plan is simply a qualified plan for a self-employed person. An important distinction
of Keogh plans is the reduced contribution that can be made on behalf of the self-employed
individual.

There is a special computation needed to calculate the maximum contribution and tax
deduction for a Keogh plan on behalf of self-employed individuals. Since self-employed
individuals do not have W-2s, the IRC uses the term “earned income” to denote the amount of
compensation that is earned and can be considered by the self-employed individual.

Earned income is defined as net earnings from self-employment less one-half of self-employment tax less the deduction for contributions to the qualified plan on behalf of the self-employed person.

90
Q

Self Employed Individual’s Contribution As:

A
91
Q

To Caclulate Self-Employment Tax

A
92
Q

Calculate the Self-Employed Individual’s Contribution

A
93
Q

Example 1

A

C0ntribution Rate = 0.25

94
Q

Exam Question

Laura has self-employment income of $87,500 for the year. How much is her self employment tax?

a) $10,747
b) $11,637
C) $12,363
d) $13,387

A

Answer: C

The calculation is $87,500 x 0.9235 x0.153 = $12,363.

The full 15.3% can be used to save a step due to the income being under the social security wage base.

95
Q

Exam Question Keough Plans

Dimitri operates Downtown Discount Pharmacy, a sole proprietorship. Downtown Discount
Pharmacy sponsors a profit sharing plan. Dimitri had net income of $205,000 and paid self employment taxes of $25,355 for the year. If Dimitri makes a 15% of salary contribution on
behalf of all of his employees to the profit sharing plan, how much is the contribution to the
profit sharing plan on behalf of Dimitri?

a) $22,642
b) $25,079
c) $29,010
d $30,750

A
96
Q

Example

Isaiah has Schedule C net income of $200,000 and wants to know the maximum amount he can
contribute to a Keogh profit sharing plan. The contribution is calculated as follows.

A

In this instance Isaiah can contribute $37,641 to the
plan for himself.

97
Q

25% Limit

A

When solving the Keogh contribution calculation, it is important to understand that while 25% is the limit for employee compensation, the self-employed individual maximum is 25% of the self-employed individual’s earned income. The 25% of earned income effectively translates to 20% of net self-employed income less one-half of self-employment tax. The reason is because the self-employed individual is responsible for the employer’s share of self-employment taxes, and the self-employed individual’s ultimate compensation is relative to the retirement contribution made on his behalf.

98
Q

Exam Tip

A

Know that for the maximum Keogh Plan contribution, the 25% really equals
20%!

If a self-employed individual contributes 15% to their employees, 15% is used in the contribution rate formula, making the employer contribution 13%.

99
Q

Exam Question - Keogh Plans

Patrick, age 60, is a member of Worksalot, LLC. Worksalot sponsors a profit sharing plan. Patrick’s portion of the net income was $250,000 and one-half of his self-employment taxes were
$13,280 for this year. If Worksalot makes a 25% of salary contribution on behalf of all of its
employees to the profit sharing plan, how much is the contribution to the profit sharing plan on
behalf of Patrick?

a) $47,344.
b) $50,000
c) $48,780.
d) $66,000.

A
100
Q

Carryover of Excess Contributions

A

If the employer contributes more to the qualified plan than the permitted deduction for the
year, the excess contribution can be carried over and deducted in future years, combined with,
or in lieu of, contributions for those years.

The amount that can be carried over and deducted may be subject to an excise tax. In general, a 10% excise tax applies to nondeductible excess contributions made to qualified pension and profit sharing plans.

The 10% excise tax does not apply to any contribution made for a self-employed
individual to meet the minimum funding requirements in a defined benefit plan. Even if that contribution is more than the earned income from the trade or business for which the plan is set up, the difference is not subject to this excise tax.

101
Q

Forfeitures

A

Generally, forfeitures occur when employees terminate employment.

102
Q

Prohibited Transactions - Be able to recognize one of these

A

Prohibited transactions are transactions between the plan and a disqualified person that are prohibited by law.

In the past, ERISA fiduciary standards and prohibited transaction rules often discouraged employers from furnishing investment advice and information to plan participants. The Pension Protection Act of 2006 created a new exception to the prohibited transactions rule permitting plan fiduciaries to be compensated for giving participants investment advice through an eligible investment advice arrangement subject to rules intended to limit the possibility of abuse.

The initial penalty on a prohibited transaction is a 15% excise tax on the amount involved for each year (or part of year) in the taxable period (defined below).

Under the PPA 2006, no excise tax will be assessed if the transaction is corrected within 14 days of the date the disqualified person (or other person knowingly participating in the transaction) discovers, or reasonably should have discovered, the transaction was a prohibited transaction.

If the transaction is not corrected within the taxable period, an additional tax of 100 percent of the amount involved is imposed.

103
Q

Chart Listing Characterisitcs of a Disqualified Person

A
104
Q

Prohibited Transactions Charts

EXAM TIP: Be able to recognize.

A

Prohibited transactions generally include actions by a disqualified person that potentially could have adverse consequences to the plan or participants, including:

105
Q

ERISA and Filing Requirements

A

ERISA

Periodic Pension Benefit Statements

Department of Labor

Pension Benefit Guaranty Corporation

106
Q

ERISA

A

The Employee Retirement Income Security Act of 1974 (ERISA) places several burdens on
retirement plan administration.

One of the key obligations ERISA imposes is that of fiduciary responsibility.

107
Q

Periodic Pension Benefit Statements

A

As a result of the Pension Protection Act of 2006, the administrator of a defined contribution plan is required (beginning in 2007) to provide a benefit statement:

  • (1) to a participant or beneficiary who has the right to direct the investment of assets in his or her account, at least quarterly,
  • (2) to any other participant or other beneficiary who has his or her own account under the plan, at least annually, and
  • (3) to other beneficiaries, upon written request, but limited to one request during any 12-month period.

For both a defined contribution plan and a defined benetit plan, a benefit statement must be written in a manner calculated to be understood by the average plan participant.

108
Q

Department of Labor

A

The Department of Labor is charged with enforcing the rules governing the conduct of plan managers, investment of plan assets, reporting and disclosure of plan information, enforcement of the fiduciary provisions of the law, and workers’ benefit rights as regulated by ERISA.

109
Q

Pension Benefit Guaranty Corporation

A

The PBGC, just as its name implies, acts to guarantee pension benefits.

The PBGC does not cover defined contribution plans, nor does it cover defined benefit pension plans of professional services corporations with 25 or fewer participants.

The PBGC does cover all other defined benefit plans at a cost to the plan sponsor of $96 (2023) per plan participant per year and $48 (2023) per $1,000 of plan underfunding for the year.

110
Q

Amending and Terminating a Qualified Plan

A

Makes Sense?

Reason to Amend/Terminate Plan

Amending a Qualified Plan

Terminating a Qualified Plan

Plan Freeze

111
Q

Makes Sense?

A

Just as creating a qualified plan often makes good business sense, terminating or changing a qualified plan may also make good business sense.

  • Employers may (and should) reserve the right to change or terminate the plan and to discontinue contributions within the plan document.
  • Terminations often occur when a law change occurs that makes one type of plan less advantageous than it was previously, the company can no longer financially maintain the plan, or the company realizes the plan no longer meets the needs of the employees or the company.
112
Q

Reasons to Amend or Terminate a Plan

A

Qualified plans, especially for small employers, are often changed to maximize the provision of benefits to key employees. Some plans allow forfeitures to be reallocated to other plan participants or may be used to reduce plan costs. Small business owners frequently change this election based on the benefits they are able to receive from the plan.

Another reason a plan may be changed or terminated is that a law change may make an entire plan or plan provision obsolete.

A qualified plan may also be terminated when the employer finds that it can no longer financially
support the plan it has in place. Sometimes the decision is made by the employer, while other times the decision is made by the PBGC.

A plan may also be terminated simply because the employer finds that the plan is not meeting the needs of the employees or the company.

113
Q

Amending a Qualified Plan

A

Plan changes are very common due to tax law changes, business changes, or to solve a defect in the plan.

Changes are often easily implemented by amending the plan document.

When the plan document is amended, the administrator must also revise the Summary Plan Description.

114
Q

Terminating a Qualified Plan

A

When a qualified plan is terminated, and presuming that sufticient funds are available, all of the participants in the plan become fully vested in their benefits as of the date of termination.

Permancy Requirement

Defined-Benefit Plan Terminations
- Standard Termination
- Distress Termination
- Involuntary Termination

Defined Contribution Plan Terminations

115
Q

Permanency Requirements

A

Although qualitied plans are required to be permanent, permanency does not necessanly require that the plan never terminate or continue in existence forever. Permanency in this context just means that the plan must not be established as a temporary program..

The goal behind the “permanency requirement is to dissuade owners from creating plans that will
only benefit the owners and key employees and then having the plan vanish betore benetts can be accrued by rank-and-file employees.

The abandonment of the plan for any reason other than business necessity within the first few years after it is established will be evidence
the plan was not a bona tide program for the exclusive benefit of employees.

116
Q

Defined-Benefit Plan Terminations

A

Because the PBGC is responsible for underfunded defined benefit plans, there are more requirements for terminating a defined benefit plan than for a defined contribution plan.

Title IV of ERISA requires that a defined benefit plan terminate under a
- standard,
- distress, or
- involuntary termination.

117
Q

Standard Termination

A

A standard termination is voluntary and may occur when the emplover has sufficient assets to pay all benetits (liabilities) at the time of final distribution.

118
Q

Distress Termination

A

A distress termination is voluntary and occurs when the employer is in financial difficulty and is unable to continue with the plan financially.

119
Q

Involuntary Termination

A

An involuntary termination may be initiated by the PBGC for a plan that is unable to pass benefits from the plan in order to limit the amount of exposure to the PBGC.

120
Q

Defined Contribution Plan Terminations

A

Compared to defined benefit plans, terminating a defined contribution plan is relatively easy.
Defined contribution plans are already funded and not subject to PBGC.

Essentially, all the employer must do to terminate the plan is pass a corporate resolution to do so. At that point, any final promised contributions must be completed and the assets must be distributed from the plan.

121
Q

Exam Question - Plan Terminations

All of the following are acceptable reasons for an employer to terminate a qualitied retirement
Dian except:

a) The employer is no longer in a financial position to make further plan contributions.

b) The employer no longer wants to maintain the plan because it must cover other
employees other than just himself.

c) The plan benefits are not meaninglul amounts, and participants are limited in their ability to make deductible IRA contributions

d) To lower plan costs and ease administrative complexity, the emplover wants to switch
plan designs.

A

Answer: B

Retirement plans must not be created as a tax shelter for the owner. If they have been, plan ter-
mination can result in retroactive disqualitication. All other statements are acceptable reasons to
terminate a qualitied retirement plan

122
Q

Plan Freeze

A

In some cases an emplover may find that it no longer wants to contribute to a plan but does not want to full terminate the plan.

This can be accomplished by freezing the plan.

  • For defined contribution plans, a freeze simply means that the employer will no longer make any controutions.
  • For a defined benefit plan, participants will no longer accrue additional benefits but the plan sponsor must maintain the previously accrued benefits.