Retirement Plans Flashcards
Simple 401k plans are considered
profit sharing plans
All the following are qualified plans except
a. SEP Plans
b. ESOPs
c. Section 401k
d. Cash Balance Plans
Answer: Sep Plans
Simple IRA’s are considered
a tax-advantage plan
Mandatory ER Funding for Pension Plans
- Defined Benefit Plan
- Money Purchase Plan
- Cash Balance Pension Plan
- Target Benefit Pension Plan
In Service w/d’s for Pension Plans
- Defined Benefit and Money Purchase - 62 or older
2. Cash Balance and Target Benefit No In-service w/ds
Other Tax Advantage Plans
IRA
SEP
Simple IRA
Section 403 b
Profit Sharing
Profit-Sharing Stock Bonus Simple 401k ESOP 401k Thrift Age Based
Pension Plans
Defined Benefit Plan
Cash Balance Plan
Target Benefit Plan
Money Purchase
Nonqualified Plans
Deferred Compensation Nonqualified stock options Split $ Insurance Incentive Stock Options Phantom Stock Section 457 plan
ERISA from Creditors
Unlimited protection from creditors
Non-Erisa laws and rulings related to Creditors
1. Unlimited protection from creditors all qualified plans Rollover IRA's Sep IRA's Simple Ira's.
- First 1 million protected from creditors
a. Traditional IRA
b. Roth IRA
Qualified Plan Establishment
- Must be established by Dec 31
- Must be in writiing
- Plans often submitted to IRS for determination letter
- Communicated to EE’s
- Permanent
- must not allow or have prohibited transactions
Highly Compensated EE’s
- > 5% owner of ER any time during current/preceding year, OR
- $$ salary >$115,000
- ER makes election “Top-paid group” only top 20% considered HCE for testing purposes. (this does not remove EE from the HCE group if EE is also greater than 5% owner)
- Family Ownership attribution rules apply to determine 5% and 1% owners.
Key EE
- Any officer with $$ >$165k
- > 5% owner
- > 1% owner with $$ >150k
Retirement Plan General Rule: SAFE HARBOR TEST
- ER must cover 70% of all eligible nonhighly compensated EE’s
- Plans that do not meet Safe Harbor Test, must meet one of the following 2 tests.
a. Ratio Test %NHC Covered divided by % HC Covered
b. Percentage Test Average benefits % NHC divided by Average benefits % HC
50/40 test: Defined Benefit Plans
All Defined Benefit Plans on each day of the plan year for the lesser of:
a. 50 EE’s
b. 40% or more of all eligible nonexcludable ee’s
Purposes of the 40% test
the plan does not have to consider ee’s who are not eligible for the plan. Noneligible EE’s include:
a. EE’s who do not meet age and service (21 & 1)
b. Excluded EE’s, Union ee’s and nonresident aliens
Defined Contribution plan can satisfy the permitted disparity (integration) only it is uses
an excess method plan integration formula
Two methods of meeting Safe Harbor Plan provisions
- Dollar-for-dollar matching up to 3% of compensation and a 50% match on the next 2% of compensation, and
- A nonelective contribution of 3% of compensation. This nonelective contribution must be made for all eligible EE’s, regardless of participation.
Although loans are found most common in ______________ and _________________ any type of ______________ plan may permit loans
Answer: 401k, 403b, and qualified