Retirement Flashcards
Employment categories not covered by social security
- federal employees who have been continuously employed since before 1984
- some Americans working abroad
- student nurses and students working for college or college club
- railroad employees
- a child, under age 18, who is employed by a parents in an unincorporated business
- ministers, members of religious orders and Christian Science practitioners if they claim an exemption
- members of tribal councils
Social security- reduction of benefits
Age 62 through FRA: benefits reduced $1 for every $2 earned over $21,240
Social Security taxation
- must include muni bond income to calculate MAGI
- if income (MAGI) plus 1/2 of social security benefits is:
1. Above $25k for a single taxpayer, then 50% of the total social security is included in income
2. Above $44k for MFJ, then 85% of the total social security is included in income
Types of qualified plans/ERISA
(vesting/admin costs/exempt from creditors/integrate with social security)
- defined benefit
- cash balance
- money purchase
- target benefit
- profit sharing
- profit sharing 401k
- stock bonus
- ESOP (not integrated with social security or cross tested)
Types of retirement plans
(no vesting/limited admin costs)
- SEP
- SIMPLE
- SARSEP
- thift or savings plan
- 403b
Defined benefit
Qualified plan
- favors older employees/owner (50+)
- certain retirement benefit; max $265k meet a specific retirement objective
- company must have very stable cash flow
- past service credits allowed
- forfeitures must be applied to reduce employer contributions
- PBGC insured (along with cash balance plan)
Money purchase
Qualified plan
- up to 25% employer deduction
- fixed contributions- need stable cash flow
- maximum annual contribution: lesser of 100% of salary or $66k
Target benefit
Qualified plan
- up to 25% employer deduction
- fixed contributions- need stable cash flow
- maximum annual contribution: lesser of 100% of salary or $66k
- favors older workers
Profit sharing
Qualified plan
- up to 25% employer deduction
- flexible contributions- must be recurring and substantial
- maximum annual contribution: lesser of 100% of salary or $66k
- can have 401k provisions
- SIMPLE 401k exempt from creditors
Section 401k plan
- qualified profit sharing or stock bonus plan that allows plan participants to defer salary into the plan
- max $22,500 deferral for participants under 50 (subject to FICA)
- additional $7,500 catch up for age 50 and over
Section 415 annual additions limit
- lesser of 100% of compensation or $66k
- includes employer contributions, employee salary reductions, and plan forfeitures
Safe harbor nondiscrimination
Automatically satisfies the nondiscrimination tests involving highly compensated employees (HCE) with either an employer matching contributions or a nonelective contribution
Safe harbor match/vesting
- the statutory contribution using a match is $1/$1 on the first 3% employee deferral and $0.50/$1 on the next 2% employee deferral
- if the employer chooses to use the nonelective deferral method, the employer must contribute 3% of all eligible employees’ compensation regardless of whether the employee is deferring or not
- employer contributions must be immediately vested
Stock bonus/ESOP
Qualified plan
Qualified plan
- up to 25% employer deduction
- flexible contributions
- maximum annual contribution: lesser of 100% of salary or $66k
- 100% of contributions can be invested in company stock
- ESOP cannot be integrated with social security or cross tested
Net unrealized appreciation
(NUA)
Ex:
Stock is contributed to a retirement plan with a basis of $20k. Stock is distributed at retirement with a market value of $200k. The NUA is $180k and it is not taxable until the employee sells the stock but the basis ($20k) is taxable now as ordinary income.
The NUA (180k) is always LTCG. If the client sells the stock for $230k the extra gain ($30k) is either STCG or LTCG depending on the holding period after distributed at retirement
Keogh contribution
- only for sole proprietors and partnerships
- self employment tax must be computed and deduction of 1/2 of the self-employment tax must be taken before determining the Keogh deduction
shortcut:
- if contributing 15%- multiply by 12.12% of net earnings
- if contributing 25%- multiply by 18.59% of net earnings
SIMPLE plan
- fewer than 100 employees
- employer cannot maintain any other plan
- participants fully vested
- easy to administer and funded by employee salary reductions and an employer match
SEP
(Simplified employee pension)
- no salary deferrals- employer contributions only
- up to 25% contributions for owner (W-2)/treated like Keogh contributions for self-employed
- maximum of $66k
- account immediately vested
- can be integrated with social security
- special eligibility:
- 21+ years old
- paid at least $750
- worked 3 out of 5 prior years
Taxed-Deferred Annuity (TDA)/ Tax-Sheltered Annuity (TSA)/403b
- for 501(c)(b) organizations and public schools
- subject to ERISA only if employer contributes
- salary reduction limit up to $22,500 (plus $7,500 if 50+)
IRA keys
(SIMPLE/SEP/SARSEP)
- no loans
- no life insurance
- immediately vested
- may not be creditor protected (state specific)
- 59.5 not 55 for no 10% penalty
- must take RMDs at 73 (even if not an owner)
Age and service rules- qualified plans
- max age and service are 21 and one year of service (21 and one rule)
- special provisions allows up to 2 years service requirement but then employee is immediately vested (2 year/100%)
- year of service is 1,000 hours (includes vacation, holiday and sick time) or 500 hours and worked for the company for 3 years
Highly compensated (HC) employee
- greater than 5% owner or,
- an employee earning in excess of $150,000 during the preceding year
Key employee
An individual is a key employee if at any time during the current year he/she has been one of the following:
- a greater than 5% owner, or
- an officer and compensation > $215,000, or
- greater than a 1% ownership and compensation > $150,000
Vesting- fast
DB top heavy plans and all DC plans
3 year cliff or 2-6 year graded or 100% vested after 2 years
Get your money faster as the employee
Vesting- slow
Non top heavy DB plans only
5 year cliff or 3-7 year graded or 100% vested after 2 years
Defined contribution plans
(Integrated with social security) calculation
Base % + permitted disparity = excess %
- Base%- DC plan contribution for compensation below integration level
- Permitted disparity- lesser of base% or 5.7%
- excess%- DC plan contribution for compensation above integration level
Defined benefit plans (integrated with social security) calculation
Base % + permitted disparity = excess %
- Base%- DB plan contribution for compensation below integration level
- Permitted disparity- lesser of base% or 26.25%
- excess%- DB plan contribution for compensation above integration level
Multiple plans 2023 elective deferrals
- elective deferrals- more than one employer
- elective deferrals to multiple plans are always aggregated
- 401k/403b/SIMPLE/SARSEP- $22,500 + catch up of $7,500
- SIMPLE & other SIMPLE- $15,500 + catch up of $3,500
457 plans are not part of aggregated amounts
Life insurance as a funding vehicle
according to treasury regulations, life insurance benefits must be merely “incidental” to the primary purpose of the plan. If the amount of insurance meets either of the following tests it’s considered incidental:
1. Aggregate premiums paid for participants- insured death benefit are all times less than the following percentages of plan costs:
- ordinary life: 50%
- term: 25%
- universal life: 25%
2. Participant’s insured death benefit must be no more than 100 times the expected monthly benefit. DB plans typically use the “100 times” limit
Rollovers NOT permitted
- transfer to another 457 plan remain the only option for non-government tax exempt organizations
- hardship distributions cannot be rolled into any other qualified plan
- RMDs
Qualified plan early (age 59.5) 10% tax penalty exceptions
- death
- disability
- substantially equal periodic payments following separation from service
- distribution following separation from service at age 55
- distribution in accordance with QDRO (to any alternative payee)
- medical expenses in excess of 7.5% of AGI or health insurance cost while unemployed
- distribution to pay insurance premium after separation from employment
- $5,000 withdrawal for birth/adoption of child
- federal declared disaster (limited)
Required beginning date (RBD) for IRA/SEP/SARSEP/SIMPLE
April 1 of the year following the year in which the covered individual strains age 73
Subsequent distributions must be made by December 31 of each year thereafter
Required beginning date (RBD) for qualified plans/403b plans/457 plans
- with the exception of 5% owners, is the later of April 1 following the year in which the individual attains 73 or retired
- subsequent distributions must be made by December 31 of each year thereafter
- 5% owners RBD is the same as IRA/SEP RBD
IRA deductibility keys
- if neither spouse (or single person) is an active participant in an employee plan, the IRA is deductible. Includes almost all plans except 457 plans
- if one spouse is an active participant, the other spouse (not active) can do a deductible IRA if combined AGI is less than $218k-$228k
- if both spouses are active, AGI limit applies- $73k-$83k (single) and $116k-$136k (married)
- activity that results in active status: annual additions to a DC account or benefits accrued to a DB plan
IRA exceptions to 10% penalty for early distributions before 59.5
- death
- substantially equal payments
- disability
- first home expense up to $10,000
- qualified education expenses
- medical expenses greater than 7.5%
- distribution used to pay insurance premium after separate from employment (must receive unemployment compensation for 12 weeks)
- $5,000 withdrawal for birth/adoption of child
- federally declared disaster (limited)
Roth IRA ordering rules for distribution
- Any contributions (not conversions) are withdrawn first
- Conversions are withdrawn second
- Earnings are withdrawn last
Roth IRA RMD
- distributed within 5 years of owner’s death, or
- distributed over 10 years (stretch eliminated)
- where sole beneficiary is the owner’s surviving spouse, the spouse may delay distributions until the Roth owner would have reached age 73 or may treat Roth as his/her own (roll it into his/her Roth)