Retirement Planning Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Distributions from Qualified PlansDistributions Prior to 59 ½

A
10% Early Withdrawal Penalty Exceptions:
Qualified Plans and IRAs
59½ 
Death
Disability
Substantially equal periodic payment (Section 72(t))
Medical expenses in excess of schedule A medical AGI limit for tax year (2020 – 7.5%)
Federal Tax Levy

Qualified Plans Only
• Separation from service unemployed after age 55 • Higher education costs
• Qualified Domestic Relations Order

IRA Only
• Health Ins. for unemployed
• Higher education costs
• First time home purchase up to $10,000

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2
Q

Jason and his wife, Jane, are both over 70. Jason turned 70 on December 1, 2018, and Jane turned 70 in April, 2019. He rolled over his balance in his previous employer’s profit sharing plan into an IRA. The IRA had a balance at the end of last year of $250,000. The balance at the end of this year was $300,000. The balance in Jane’s IRA was $400,000 at the end of last year and $440,000 at the end of this year. According to the Uniform Lifetime Table, the factors for ages 70, 71, and 72 are 27.4, 26.5, and 25.6 respectively. What is their minimum distribution for this year?

A

$24,033
Jason turns 70 ½ in 2019, and therefore needs a distribution for the year. He will be 71 at the end of 2019, so the factor 26.5 will be used for his distribution. The account balance that is used is the balance at the end of last year - $250,000. $250,000 ÷ 26.5 = $9,433.96

Jane is 70 at the end of 2019, so her factor is 27.4. The plan balance used for her is $400,000.

$400,000 ÷ 27.4 = $14,598.54

Since they are both 70 1/2 by 12/31/2019 they will follow the pre-SECURE Act rules for RMDs.

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3
Q

qualified plans

A

Incorrect :A small business looking to maximize deductible contributions to a defined contribution plan should consider coupling a money purchase plan with a profit-sharing plan.
Currently, the profit -sharing plan deduction limit is 25%, and therefore there is no need to utilize a money purchase plan

A cross-tested profit- sharing plan can be used to skew the employer contributions to the older, more highly compensated employees.

Life insurance can be used to fund participant’s accounts, and it can also be used as a general asset of the trust to insure the lives of key employees. The trust is considered to have an insurable interest.

A company that has a loss can still contribute to a profit-sharing plan

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4
Q

Robert is age 69 and is currently receiving Social Security retirement benefits. Robert provides all of the support for his 17-year-old grandson, Scott, whom Robert claims as a dependent for income tax purposes. Scott’s parents passed away in an automobile accident two years ago. Robert also provides all of the support for his 2-year-old great granddaughter, Stacy, whom Robert also claims as a dependent. Stacy’s father is deceased, and her mother is disabled. Robert approached a CFP® professional for advice on the eligibility of Scott and Stacy to receive Social Security benefits under Robert’s Social Security earnings record. The CFP® professional should advise Robert that:

A. Scott may be eligible to receive a Social Security benefit based on Robert’s earnings history, but Stacy will not be eligible because she is a great grandchild.

B. Neither Scott nor Stacy will be eligible to receive a Social Security benefit based on Robert’s earnings history because grandchildren and great grandchildren are not eligible family members.

C. Stacy may be eligible to receive a Social Security benefit based on Robert’s earnings history, but Scott will not be eligible because both of his parents are deceased.

D. Both Scott and Stacy may be eligible to receive a Social Security benefit based on Robert’s earnings history.

A

The correct answer is D.

Grandchildren and great grandchildren may qualify as children on their grandparent’s Social Security earnings record if certain conditions are met.

These conditions include: The grandchildren and great grandchildren are dependents of the grandparent or great grandparent. The grandchild’s or great grandchild’s natural or adoptive parents are deceased or disab

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5
Q

Jeanie recently filed for bankruptcy under chapter 7. Which of the following assets will most likely be included in her bankruptcy estate?

A. $20,000 of home equity in her primary residence purchased five years ago.

B. $50,000 balance in her employer-provided ESOP vested in the last 9 months.

C. $1,000,000 death benefit universal life insurance policy with a $15,000 cash value in force for the past three years.

D. $100,000 balance in a 529 plan Janie owns, created six months ago with her child as the beneficiary.

A

The correct answer is D.

A 529 plan created within the last 24 months may be included in the bankruptcy estate.

A is incorrect. State home equity limits vary, but all are under $50,000. B is incorrect. Any ERISA plan is not included in a bankruptcy estate – even those created within the last year. C is incorrect. Life Insurance cash values are generally subject to high limitations.

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6
Q

Ginger, age 35, was recently became a client and is divorced from her husband after 9 years of marriage. Pursuant to the divorce agreement, she finally received 50% of her ex-husband’s 401(k) plan as the result of a court-issued qualified domestic relations order (QDRO). Ginger would like to remove her money from her ex-husband’s 401(k) plan immediately, so she asks the CFP® professional to rollover the 401(k) to a traditional IRA, and then to take a distribution to cover her current cash flow needs. Which of the following is the best response for the CFP® professional?

A. Fulfill Ginger’s request.

B. Explore additional options to satisfy Ginger’s cash flow needs.

C. Educate Ginger about the tax consequences of her request.

D. Update Ginger’s financial plan to reflect her changing circumstances

A

The correct answer is C.

If Ginger takes a distribution directly from the 401(k) plan, there will be no early withdrawal penalty on the distribution, because distributions from a qualified plan made pursuant to a QDRO are not subject to the penalty. However, if she rolls over the 401(k) plan into a traditional IRA, then takes a distribution, the distribution from the traditional IRA will be subject to the 10% penalty.

Before investigating different options to satisfy Ginger’s cash flow needs, the CFP® professional should educate her on the negative tax consequences of her desired strategy.

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7
Q

Marge was granted an incentive stock option 5 years ago for 1,000 shares of employer stock at $20 per share. Marge exercised the option this year and immediately sold the shares at $30 per share. Marge is in the 24% marginal tax bracket. She will pay federal tax this year on the transaction in the amount of:

A. $1,500.

B. $2,400.

C. $3,000.

D. $8,400.

A

The correct answer is B.

An incentive stock option is eligible for favorable income tax treatment only if the underlying stock is held for the longer of (1) two years from the date of grant or (2) one year from the date of exercise. Tax determination of an ISO is not made until disposition. Selling the stock within one year of the date of exercise creates a disqualifying disposition and ordinary income tax treatment.

The bargain element of a nonqualified stock option is taxed as ordinary income at the time of exercise. The bargain element of the option is $10,000 [($30 fair market value less $20 strike price) x 1,000 shares].

Tax is $2,400 ($10,000 bargain element x 24% tax rate).

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8
Q

Margaret owns a small business that currently employs 30 full- and part-time employees. Four years ago, she implemented a SIMPLE IRA for the business, with a 3% matching contribution for all eligible employees who contribute to the plan. Which of the following statements is correct regarding the SIMPLE IRA?

A. Margaret can make contributions of her closely-held stock to the SIMPLE IRA and receive a deduction without having to contribute cash to the plan.

B. Margaret can pay an extra 2% into the plan for all her eligible employees to increase her income tax deduction.

C. Margaret can pay herself a bonus before filing her tax return and increase her matching contribution to the plan for the tax year.

D. Margaret will be prohibited from establishing a defined benefit plan for the company as long as the SIMPLE IRA is maintained.

A

The correct answer is D.

A is incorrect. Only cash contributions can be made to an IRA (unless the contribution represents a rollover). B is incorrect. Since the SIMPLE IRA already has been established with a 3% matching contribution, an additional employer contribution will not be permitted. She could switch from a 3% match to a 2% nonelective contribution, but she cannot utilize both options in the same year. C is incorrect. Although Margaret could match any elective deferral contributions she makes to the plan (up to the 3% limit), her tax return will be filed after the close of the tax year. If she pays herself a bonus before filing the tax return, the elective deferral contribution would be considered made after the tax year, meaning her deduction and match would be in the following yea

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9
Q

Which of the following statements concerning the top-heavy requirements is correct?

A. Most small plans covering 25 or fewer employees will eventually become top heavy.

B. If a plan becomes top-heavy, non-vested balances in an employee’s account will immediately become 100% vested.

C. Elective salary deferral contributions to a 401(k) plan are not counted towards determining top-heavy status.

D. A SIMPLE IRA is subject to the top-heavy rules

A

The correct answer is A.

B is incorrect. If a plan becomes top-heavy, the plan must use a vesting schedule that is at least as rapid as a 3-year cliff schedule or as a 2-6-year graded schedule.

C is incorrect. Elective salary deferral contributions to a 401(k) plan are counted towards determining top-heavy status. Therefore, a 401(k) plan that allows only employee salary deferral contributions can become top-heavy.

D is incorrect. SIMPLE IRAs and safe harbor 401(k) plans are not subject to the top-heavy rules.

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10
Q

If an individual’s combined federal and state income tax rate is the same at the time of contribution and at the time of distribution:

A. A Roth IRA would be preferable to a deductible traditional IRA.

B. The individual would be indifferent when deciding between a Roth IRA and a deductible traditional IRA.

C. A non-deductible traditional IRA would be preferable to a Roth IRA.

D. A deductible traditional IRA would be preferable to a Roth IRA.

A

The correct answer is A.

If tax rates are the same at the time of contribution and the time of distribution, it is true that the accumulation in a deductible traditional IRA and a Roth IRA will be the same after all taxes have been taken into account. Therefore, it would seem that the individual would be indifferent when deciding between a Roth IRA and a deductible traditional IRA. However, a Roth IRA would still be preferred in this scenario because: -The Roth IRA does not require minimum distributions while a traditional IRA does. The Roth IRA provides for tax-free income at retirement, which may be beneficial as it will not increase an individual’s AGI. Increases in AGI may cause the phase out of other tax advantages. -The Roth IRA can allow for tax-free distributions to heirs after the participant’s death. C is incorrect. A non-deductible traditional IRA would never be preferable to a Roth IRA. It should be noted that even though some individuals are ineligible to contribute to a Roth IRA due to their AGI, they can still contribute to a non-deductible traditional IRA and convert the traditional IRA to a Roth IRA.

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11
Q

Supplemental Executive Retirement Plan (SERP).

A

A supplemental deferred compensation plan providing retirement benefits above the company’s qualified plan AND without regard to Section 415 limits

SERP supplements the pension plan without regard to limits imposed upon salary levels (i.e., maximum salary of $285,000 in 2020) or the maximum funding levels of Section 415. Do not confuse with an excess benefit plan which extends the benefits of a company’s qualified plan above the Section 415 limits but still adheres to maximum salary limitations.

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12
Q

A supplemental deferred compensation plan providing retirement benefits above the company’s qualified plan AND without regard to Section 415 limits

A

An excess benefit plan extends the same benefits to employees whose contributions to the plan are limited by Section 415 (e.g., employee earns $285,000 yet receives $57,000 contribution instead of $70,000 contribution due to Section 415 limitation on a 25% money purchase plan). An excess benefit plan would put additional $13,000 into non-qualified retirement plan. Do not confuse with a SERP which provides benefits in excess of the Section 415 limits AND ignores the covered compensation limits (i.e., $285,000 in 2020) applied to qualified plans.

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13
Q

golden parachute” payments made to a “disqualified” person?

A

Payments under a “golden parachute” are considered ordinary income. Additionally, any amounts under the Social Security cap will be subject to the OASDI tax. All amounts will be subject to Medicare tax. “Golden parachute” payments are also subject to an additional 20% excise tax. Because these are non-qualified plans, no lump sum treatment or IRA rollover options apply.

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14
Q

unfunded deferred compensation plan.

A

A non-qualified deferred compensation plan that provides the targeted key employees with only a promise to pay benefits at a future time

In the unfunded defined compensation plan, no assets are segregated (as in a rabbi trust or taxable trust), so the plan is considered unfunded even though the employer may establish a pool of assets to meet the obligation. Those assets are still owned by the employer and subject to the creditors of the employer.

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15
Q

funded deferred compensation plan

A

A non-qualified deferred compensation plan providing the key employee with a vested beneficial interest in an account

If the employee has a non-forfeitable beneficial interest in a deferred compensation account, the IRS considers the plan “funded” and subject to current income tax due because the employee has constructive receipt of the assets.

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16
Q

Which of the following are characteristics of a non-qualified deferred compensation agreement for an individual?

A) It may provide for benefits in excess of qualified plan limits.
B) The contribution underlying the agreement may NOT be structured as additional compensation to the employee.
C) It must be entered into prior to the rendering of services to achieve deferral of compensation.
D) The contribution underlying the agreement may be paid from the current compensation of the employee.

A) I and II only.
B) I and III only.
C) II and III only.
D) I, III and IV only.

A

The correct answer is D.

Statement “II” is incorrect. The underlying contribution may be structured as additional compensation (a so-called salary continuation plan.) Statement “IV” represents a so-called pure deferred compensation plan.

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17
Q

Loans from qualified plans help participants have access to funds without paying the 10% premature distribution penalty. Which of the following does not reflect the accurate character of loans from qualified plans?

A) Loans must be made available to all participants and beneficiaries on a reasonably equivalent basis.
B) Owner-employees (unincorporated business / 5% S-Corporation) are not able to obtain loans regardless of whether they are made on the same basis as non-key employees or not.
C) Loans must bear a reasonable interest rate.
D) Loans can’t exceed $50,000, reduced by the excess of the highest outstanding loan balance during the preceding one-year period over the outstanding balance on the date the loan is made, or 50% of the present value of the participant’s vested account balance.

A

The correct answer is B.

Sole proprietors, partners, LLC members, and S corporation owners are allowed to take loans from their qualified plan after 2001. Options “A,” “C” and “D” are accurate characteristics of qualifying loans from a retirement plan.

Section 72(p) indicates that a participant or their beneficiary can utilize the loan provision.

18
Q

In order for a group term life insurance plan to be non-discriminatory, which of the following is true

A

A plan must benefit 70% of all employees or a group of which at least 85% are not key employees.
If the plan is part of a cafeteria plan, it must comply with Section 125 rules.
The difference between the bands in “D” must be no greater than 2.5 times the next smaller band with the bottom band being equal to no less than 10% of the top band

19
Q

Group paid-up life insurance.

A

Increasing units of whole life (employee paid) combined with decreasing units of group term insurance (employer paid)
The “whole life” aspect of the question calls our attention to paid up life. Increasing whole life and decreasing term are describing group paid-up life benefits.

20
Q

Group survivor’s income insurance

A

Group survivor’s income insurance provides for the survivor of the employee. The beneficiary designation cannot be altered.

21
Q

A defined benefit plan that has the appearance of a defined contribution plan” is a…

A) Profit sharing plan.
B) Money purchase plan.
C) SIMPLE IRA.
D) Cash balance plan.

A

The correct answer is D.Cash balance plan.
Answer “D” - Cash balance plan provides a defined benefit (returns are guaranteed by the employer) and the employee receives an “account” to see how much they have.

Answers “A” and “C” are incorrect since they are not defined benefit plans. Answer “B” - Money purchase plan is a “pension plan” but it does not provide employees with a defined benefit, only a defined contribution.

22
Q

“The plan permits the employer match to deviate below the required percentage in two of the last five years” is a…

A) Profit sharing plan.
B) Money purchase plan.
C) SIMPLE IRA.
D) Defined benefit plan.

A

The correct answer is C.

The match for a profit sharing plan with 401(k) provisions can vary every year and there is no required percentage. However, a SIMPLE can vary the match in only 2 of 5 years.

23
Q

This plan can provide for voluntary participant contributions which must be matched by the employer.”

A) Profit sharing plan with a 401(k) component.
B) Money purchase plan.
C) SIMPLE IRA.
D) Defined benefit plan.

A

The correct answer is C.

Answers “B” and “D” do not permit employee elective deferrals. The profit sharing plan “A” with 401(k) provisions do not require an employer match.The SIMPLE plan has a mandatory match.

24
Q

A qualified plan which allows employee elective deferrals of 100% of includible salary and has a mandatory employer match” is…

A) A Profit sharing plan.
B) A Money purchase plan.
C) A SIMPLE 401(k).
D) A Defined benefit plan.

A

The correct answer is C.

Profit sharing plans “A” are not contributory. Answers “B” and “D” do not permit employee elective deferrals.

25
Q

A qualified plan that is not a pension plan” is…

A) A Profit sharing plan.
B) A Money purchase plan.
C) A SIMPLE IRA.
D) A Defined benefit plan.

A

The correct answer is A.

Statements “B” and “D” are all pension plans. Statement “C” requires an employer match and is not a qualified plan.

26
Q

Geoffrey Gifford has a traditional IRA that he has contributed to for the last 20 years. He made $1,000 tax-deductible contributions per year while working. Geoffrey entered retirement this year and withdrew $5,000 when the account balance was $52,000. What are the tax consequences of the withdrawal taken?

A) The withdrawal is tax-free since made in retirement.
B) The withdrawal is a tax-free return of capital.
C) The entire withdrawal is included in gross income.
D) A portion of the withdrawal is a tax-free return of capital and remainder is taxable.

A

The correct answer is C.

(A) Just because the taxpayer is in retirement doesn’t make the distributions tax free. (B) and (D) The contributions were tax-deductible and therefore the taxpayer does not have basis in the IRA.

27
Q

During the 5-year holding period, for tax and penalty purposes, withdrawals from a Roth IRA are:

A) Subject to a 10% penalty and taxed as ordinary income.
B) Treated as a withdrawal on a LIFO basis.
C) Not subject to any penalty, but are taxed as ordinary income.
D) Treated as a withdrawal on a FIFO basis.

A

The correct answer is D.

Roth monies are contributed with ‘already been taxed’ dollars, and therefore no longer taxable. And all Roth distributions are handled as follows: Withdrawal from a Roth IRA is treated as made first from direct contributions to the Roth IRA, then from conversion contributions (first-in first-out, or FIFO, basis), and then from earnings in the Roth IRA.

28
Q

83b election

A

The 83b election cannot be made today - it must have been made 30 days after the date the stock was initially transferred at grant

29
Q

Section 457 plans

A
  • In-service distributions after age 59 1/2 are allowed in a 457 plan.
  • Salary deferrals are subject to Social Security, Medicare, and Federal unemployment tax in the year of the deferral.
  • Assets of the plans for non-government entities are subject to the claims of the sponsor’s general creditors
  • Eligible participants include employees of agencies, instrumentalities, and subdivisions of a state, as well as Section 501 tax-exempt organizations.
  • The maximum employee elective deferral excluding catch-ups is limited to $19,500 (2020) (as indexed), or 100% of includible compensation.
  • the agreement must be signed PRIOR to the month the services are rendered.
  • distributions are permitted at termination or normal retirement age as stated in plan document (not 70 1/2).
  • Benefits taken as periodic payments are treated as ordinary income for taxation.
  • Churches are not qualifying sponsors of 457 plans
30
Q

plan trustee responsibilities

A
  • Investing the plan assets in a “prudent” manner.

- Monitoring and reviewing the performance of plan assets.

31
Q

plan administrator responsibilities

A
  • Determining which employees are eligible for participation in the plan, vesting schedule, and plan benefits.
  • Preparing, distributing, and filing reports and records as required by ERISA.
32
Q

According to ERISA, which of the following is/are required to be distributed annually to defined benefit plan participants or beneficiaries

A
  • The plan’s summary annual report.
  • Terminating employee’s benefit statement.

Individual Benefit Statements are not required annually for defined benefit plans. They are however, required at least once every three years. Alternatively, defined benefit plans can satisfy this requierment if at least once each year the administrator provides notice of the availability of the pension benefit statement and the ways to obtain such statement. In addition, the plan administrator of a defined benefit plan must furnish a benefit statement to a participant or beneficiary upon written request, limited to one request during any 12-month period. There are no individual accounts in a defined benefit plan, so a specific listing of invested assets is not required.

33
Q

Which of the following transactions by a qualified plan’s trust are subject to Unrelated Business Taxable Income (UBTI)?

I. A trust obtains a low interest loan from an insurance policy it owns and reinvests the proceeds in a CD paying a higher rate of interest.
II. A trust buys an apartment complex and receives rent from the tenants.
III. The trust buys vending machines and locates them on the employer’s premises.
IV. The trust rents raw land it owns to an oil & gas developer.

A

Answer I and III

Statements “I” and “III” are subject to UBTI because income from any type of leverage or borrowing within a plan is subject to UBTI. Additionally, any business enterprise run by a qualified plan is subject to UBTI. Statement “II” is not subject to UBTI (assuming it is not subject to leverage) due to a statutory exemption for rental income. Statement “IV” - The rental of raw land is also exempt. If the plan actually participated in the development of the oil & gas reserves, there would be UBTI.

Dividends, interest, and other types of income derived from investments in a business are not subject to UBTI.
A direct business activity carried on for the production of income is considered a trade or business for UBTI purposes.
Securities of the employer purchased with loan proceeds by an Employee Stock Ownership Plan (ESOP) are not subject to UBTI. Direct investment in a business generates income which is UBTI. Any investment which is purchased with "leverage" or borrowed funds generate UBTI except for a qualifying ESOP or LESOP.
34
Q

403(b)

also known as TSA

A

A 403(b) plan must pass the ACP test if it is an ERISA plan.

In certain situations, a participant of a 403(b) plan can defer an additional $9,500 as a catch up to the 403(b) plan.
403(b) plan assets cannot be invested in individual securities, and contributions to 403(b) accounts are always 100% vested.
Remember, if an employee qualifies for the 15 year rule, the maximum elective deferral for 2020 may be as high as $29,000 ($19,500 deferral, plus $3,000 from the 15 year rule, plus $6,500 for the 50 and over catch-up).

Eligible for the long service catch-up Health, Education, Religious (HER) organization. Museum is not eligible

The maximum contribution limits for 2020 are $19,500 plus the age 50+ catch-up of $6,500.

Maximum loan amount is lesser of 50% of vested amount or $50,000 paid in quarterly (or more frequent) payments over five years, unless used for home purchase. Loan must carry reasonable interest rate.

35
Q

TSA

TSAs are also known as a 403(b) retirement plan.

A

The annual elective deferral limit may be increased by up to $3,000 for employees of certain organizations who have completed 15 years of service and meet certain other requirements.

deferrals are still subject to Social Security and Medicare taxes

TSAs can only invest in mutual funds or annuities and not any direct investments

total excludable contributions must be for all prior years, not just the past three.

Max contribution 19,500 + Catch up

TSA contributions are pre-tax.

TSA contributions are subject to Social Security taxes.

The employer usually does not control the asset allocations in the plan.

TSA contributions are subject to payroll taxes (Medicare + Social Security) but NOT income taxes. Note - TSAs are a tax sheltered annuity or 403(b) retirement plan. TSAs are a form of deferred compensation. Only employees of public education systems and nonprofits can participate. TSAs are funded through employee contributions.

36
Q

Assume for this question that the family maximum for retirement and survivor benefits under OASDI is $1,800 per month and that a worker retired at age 65 with a PIA of $1,300. If the worker later died at age 66, leaving a spouse, age 55; a dependent, unmarried child, age 17; and another dependent, unmarried child, age 15, what will be the spouse’s monthly Social Security survivor benefits?

A) $375
B) $600
C) $975
D) $1,300

A

The correct answer is B.

A surviving spouse under 60 years of age, who is caring for a child under age 16, is entitled to Social Security survivor’s benefit equal to 75% of the deceased worker’s PIA. In this case, 75% of $1,300 is $975. Each dependent, unmarried child under age 18 is also entitled to 75% of the worker’s PIA. Since the deceased is survived by two dependent, unmarried children under 18 years of age, there are three family members who are entitled to a $975 monthly benefit. Their combined monthly benefit would total $2,925, which would exceed the maximum family benefit of $1,800 by $1,125. Therefore, the total excess is divided by 3, to calculate the amount by which each family member’s benefit must be reduced, to stay within the limit, or $1,125/3 = $375. The monthly benefit for the spouse and each dependent child is $975 – $375 = $600, for a total of $1,800 in benefits for the family per month.

37
Q

A CFP® professional meets with a married couple who want advice on what to do with the assets in a 401(k) plan. The husband has worked for his employer for 25 years and has accumulated an account balance of $802,000. This retirement account contains $620,000 worth of appreciated employer stock. The couple is planning to retire and would like to know whether they should sell the employer stock. What should the CFP® professional recommend to these clients?

A) Roll over the account balance to a Roth IRA
B) Roll over the account balance to an IRA to take advantage of the NUA tax rules
C) Roll over the account balance to an IRA and reduce the employer stock to 15%
D) Roll over some of the employer stock and all of the other assets to an IRA and sell the employer stock in the IRA.

A

The correct answer is D.

Under the NUA rules, the husband will not be taxed on the net unrealized appreciation contained in the employer stock that is distributed in a lump-sum to him. This NUA will be taxed at long-term capital gains rates. If the stock is rolled over to an IRA then the benefits of the NUA rules will be lost because all distributions from the IRA will be ordinary income. The husband will want to have some of the employer stock distributed to him so it can be retained in a taxable account, such as his brokerage account; therefore, the capital gains can be deferred. The adverse consequences are that the husband will have ordinary income to the extent of the original cost of the stock when contributed to his account. The employer stock that is rolled over to an IRA can be sold to allow for diversification. The tax on gains from these sales of employer stock will be deferred until it is distributed to the couple. The rollover to the Roth IRA would not afford tax deferral because the assets would be subject to tax at the time of the rollover.

Keep in mind, as long as the entire balance leaves the qualified plan, the employer stock can be split between the IRA and a taxable account and utilize NUA on the portion rolled to the taxable account. Assets cannot be left in the qualified plan to utilize NUA.

38
Q

The 50/40 rule
Ace Company has a defined benefit plan with 500 employees, of which 300 are nonexcludable employees (100 HC and 200 NHC). It is unsure if it is meeting all of the coverage testing requirements. What is the minimum number of total employees that must be covered by the defined benefit plan on a daily basis to comply with the coverage rules?

A

Answer = 50
The 50/40 rule requires that defined benefit plans cover the lesser of 50 employees or 40% of all eligible employees. Here 40% of the nonexcludable employees equals 120 (300 × 0.40), so 50 is less than 120. This would be the absolute minimum number of covered employees

39
Q

Ratio Percentage Test

A

(NHC Covered/ NHC nonCovered) / (HC Covered/ HC nonCovered) >70%

40
Q

Safe Harbor

A

NHC Covered/ NHC nonCovered >70%

41
Q

Age Weighted
Defined Benefit
401 K
Cash Balance Pension

A

Age Weighted - Max contribution $57,000 of 100% compensation

Defined Benefit - No dollar or percentage limitation. The annual contribution required under a DB plan is the amount necessary to provide the ultimate retirement income benefit. This plan allows for the maximum amount of retirement savings

401 K - Max $19,500 + $6,500 catch up = $26K

Cash Balance Pension - based on compensation formula eg 5% of salary