Small Businesses Offering Retirement Plans

Only 34.4% of firms with fewer than 25 employees offered retirement plans to their employees. Source: Congressional Research Service, 2004

Retirement plans that can be implemented by small businesses includes, the simplified employee pension-IRA (SEP-IRA), the traditional 401(K), the safe harbor 401 (K), and the savings incentive match plan for employees (SIMPLE)…SIMPLE IRA and SIMPLE 401(K).

The Economic Growth and Tax Relief Reconciliation Act (EGTRRA) of 2001 offers tax credits to any business with 100 or fewer employees that establishes a pension plan. Such businesses are eligible for credit up to 50% of the first $1,000 spent on retirement education and administration, to a maximum of $500 per year for the first three years. Eligible employees must have received $5,000 in compensation, and there must be at least one “highly compensated” employee who owned more than a 5% interest in the business at any time during the previous year or who receives compensation of more than $95,000 in 2005 (increased from $90,000 for 2004).

The law also includes a provision enabling employees age 50 or older to “catch up” by making incremental contributions to compensate for any years in which they did not participate in a pension plan. Another provision offers a tax credit to low-income participants; they can receive a nonrefundable tax credit of up to 50% on up to $2000 in contributions to specified plans, for a maximum credit of $1,000. This credit is in addition to the tax deduction already associated with contributions to such plans.

In order to ensure that all retirement plans have a representative balance of participants and are not dominated by higher-paid employees, they are subject to annual top-heavy testing (IRC section 416(g)). If a plan becomes top-heavy, the employer must provide a minimum contribution to all non-key employees, based on how much they have contributed to the plan—out of their own salaries or in the form of employer contributions—during the year.

What is Top-Heavy Testing and Key Employees?

A “key employee” is one who at any time during the preceding plan year was:

* A 5% owner
* A 1% owner whose annual compensation exceeded $150,000
* An officer receiving more than $130,000 in compensation.

The IRS considers a plan “top-heavy” if the account values for key employees exceed 60% of the account values for all employees. For example: A small business employs a total of 11 people, three of whom meet the criteria for “key employees.” If the account values for the three key employees total $15,000, while the account values for all 11 employees total $24,000, the plan would be considered top-heavy because the account values for the key employees equals 63% of the account values for all employees.

To make it less likely that a plan would be deemed top-heavy, the EGTRRA narrowed the definition of key employees by nearly doubling the compensation limit from $67,500 in 2000 to $130,000 in 2001. It also allowed companies to count matching contributions toward satisfying the minimum contribution requirements.

The top-heavy rules are particularly harsh on small businesses that employ family members; they discriminate by treating all family members as key employees, regardless of salary level and percentage of ownership (IRC section 318). This makes it difficult for family-based small businesses to pass top-heavy testing and continues to be a major deterrent to their implementing pension plans.

Source: aicpa.org

What is an IRA or an Individual Retirement Account

An IRA or an INDIVIDUAL RETIREMENT ACCOUNT is a personal savings plan that provides income tax advantages to individuals saving money for retirement purposes.

IRA works like this. You invest money in an IRA, up to the amounts allowable under the tax law. These investments are termed "contributions." In many instances an income tax deduction is available for the tax year for which the funds are contributed. The contributions, as well as the earnings and gains from these contributions, accumulate tax-free until you withdraw the money from the account. You therefore enjoy the ability to generate additional earnings, unreduced by taxes on these earnings, each year the funds remain within the IRA.

The withdrawals of the funds from the IRA are termed "distributions." Distributions are subject to income taxation, generally in the year in which you receive them. (Remember that in most cases you received an income tax deduction when you contributed the money to the IRA.) As with most things involving the government, the rules for distributions are more complicated than they need to be.

Since the original purpose of the IRA is to assist you in providing for your own retirement, there is a disincentive for withdrawing your IRA funds prior to an assumed retirement age of 59 1/2. This disincentive takes the form of a tax "penalty" in the amount of 10 % of the distributions received by you prior to age 59 1/2, unless certain exceptions apply. Given the complexity of this issue alone, professional advice should be obtained whenever significant amounts of distributions are needed prior to age 59 1/2. The fact is that many times the penalty can be avoided with proper planning. Obviously these distributions are subject to income taxation upon receipt whether before age 59 1/2 or later. Once you are age 59 1/2 this penalty termed, "Premature Distribution" penalty are no longer applicable.

On the flip side of the government not wanting you to withdraw your money at too young an age, it also has rules to prevent you from not withdrawing the money soon enough. (This is done in order that the government can tax it.) You usually need to begin taking money from your IRA no later than April 1 of the calendar year following the date you attained age 70 1/2. The rules established by the government regarding these Required Minimum Distributions, their timing, the amounts, the recalculations, and the effect various beneficiary designations have on them, are among the most complex of the Internal Revenue Code. The penalty is 50 % of the shortfall between what you should have withdrawn and the amounts you actually withdrew by the proper date. This punitive penalty is matched only by the civil fraud penalty in severity. The necessary calculations are therefore not something that most individuals should attempt on their own.

Some Relevant Issues on 401(K) Retirement Plan

401(K) as we know is a retirement plan where employees make contributions from their pretax earnings. Employers may make matching or nonselective contributions to the plan on behalf of eligible employees and may also add a profit-sharing feature to the plan. The fund will accumulate and free of tax up until it is withdrawn.

The IRS rule states, “Invest as much as you can in 401k investment plan for your retirement. The deferred tax element of the plan means you don't pay income tax on it until you actually withdraw, which saves you money in the long term.” However, there lot of issues on this type of retirement plan that should be addressed such as the following.

What are the advantages and disadvantages of 401(K) Retirement Plan?

The 401(K) plan has many advantages. First, since the employee is allowed to contribute to his/her 401(k) with pre-tax money, it reduces the amount of tax paid out of each pay check. Second, all employer contributions and any growth in the capital grow tax-free until withdrawal. The compounding effect of consistent periodic contributions over the period of 20 or 30 years is quite dramatic. Third, the employee can decide where to direct future contributions and/or current savings, giving much control over the investments to the employee. Fourth, if your company matches your contributions, it's like getting extra money on top of your salary. Fifth, unlike a pension, all contributions can be moved from one company's plan to the next company's plan (or to an IRA) if a participant changes jobs. Sixth, because the program is a personal investment program for your retirement, it is protected by pension (ERISA) laws. This includes the additional protection of the funds from garnishment or attachment by creditors or assigned to anyone else, except in the case of domestic relations court cases dealing with divorce decree or child support orders (QDRO - qualified domestic relations orders). Finally, while the 401(K) is similar in nature to an IRA, an IRA won't enjoy any matching company contributions, and personal IRA contributions are subject to much lower limits.

If there are advantages, there are, of course disadvantages associated with this plan. First, it is difficult (or at least expensive) to access your 401(K) savings before age 60 (59 1/2 to be exact). Second, it doesn’t have the luxury of being insured by the Pension Benefit Guaranty Corporation (PBGC). And the Third is, employer matching contributions are usually not vested or do not become the property of the employee until a number of years have passed. The rules say that employer matching contributions must vest according to one of two schedules, either a 3-year "cliff" plan (100% after 3 years) or a 6-year "graded" plan (20% per year in years 2 through 6).

What happens to your 401(K) if you change/leave/lose your job?

You have three options:

1. Keep your money in your former employer's 401(K): You have to have a vested amount of at least $5,000 in your account to choose this option. Also, you have to be under the plan's normal retirement age. If your vested account balance is under $5,000, you may be forced by the employer to take a distribution. Speak to your HR Department for details about forced distribution.

2. Roll the money over into a new 401(K): If you choose this option, make sure that the check is written directly to the new 401(K) account. There is no grace period for this option. If the money comes to you before it is placed in the new account, you will be charged the income tax and 10% penalty fine.

3. Cash out: you can withdraw the money in your 401(K). However, if you are under the age of 59.5, the income tax and 10% penalty fine will apply. If you are 55 years or older, you can begin tapping into your 401(K) and the 10% penalty will not apply. It doesn't matter if you left the job or were fired or retired. However, you will still have to pay the income taxes on your withdrawals.

Check with your HR Department for details and specifications for these conditions.

What happens to your 401(K) if your company goes bankrupt?

If your company goes bankrupt or is bought by another company, the contributions made to a 401(K) plan are held in trust by an independent custodian. Your employer does not have access to these funds. So, whatever the circumstances, the money in your 401(K) account remains yours.

What happens to your 401(K) if you leave the USA country?

Your status (Resident/H-1B or other visa/Citizen etc.) in the US at the time of contribution to the 401(K) and at the time of withdrawal is considered. It is best to consult a competent accountant or immigration lawyer about this matter. You have three options:

1. At the time of leaving, if the amount vested in your account is more than $5,000, you can leave your 401(K) money in your former employer's plan.

2. You can take the lump-sum payment of the money in your account. You will have to pay the taxes and penalties associated with early withdrawal.

3. You can directly rollover the amount in your 401(K) account into an Individual Retirement Account or IRA. Please remember, your Social Security Number is always valid (whether you live in the US or abroad), however, your finances and investments here are affected by various factors including your status in the US and how often you visit or live in the US among other things. It is best to consult experts in the field before making these important decisions.

401 (k) Retirement Plan: What is it?

Don’t let the cryptic name of the plan confuse you, this plan is actually fairly easy to understand. A 401(k) is a retirement plan offered and set up by some employers in the United States and each company has a slightly different 401(K). This is part of a family of retirement plans known as "defined contribution" plans - the amount contributed is defined by the employer or the employee. The plan gets its name from the section and paragraph of the Internal Revenue Code - section 401, paragraph K.

In addition to reducing your tax liability through contributions, the money that is saved in the plan can earn interest and continue to grow tax-deferred. You are only taxed on the money you withdraw from the plan at a later date as ordinary income.

Some companies offer an additional benefit in these plans in the form of a company match. This means your employer will contribute additional money into your plan that matches a portion of your contributions. Some employers match dollar-for-dollar up to a certain percentage of pay while others match a specified percentage of your contribution.

In addition, the company may have a vesting schedule in place that requires you to work for the company for a given length of time before you can collect the matched money. The vesting period can be on a graduated scale or a one-time length of service requirement.

A 401(k) plan allows you to invest money for retirement in a number of ways. These may include mutual funds that invest in the stock, bond or money markets, annuities or guaranteed investment pools, company stock or even self-directed brokerage accounts. Most plans will offer a selection of various investment options that will allow you to create a suitable retirement portfolio.

Money can generally be withdrawn from a 401(k) on five different occasions:

• Termination of employment
• Disability
• Reaching age 59 ½ (or 55 in some cases)
• Retirement
• Death

It is important to note that in some cases if money is withdrawn from these accounts before reaching age 59 ½ the IRS will issue a 10% early withdrawal penalty. Outside of the five qualified distribution events you may be able to access a portion of your money if your plan allows loans.

Retirement Plan

What is a Retirement Plan?

A retirement plan is an arrangement to provide people with an income, or pension, during retirement, when they are no longer earning a steady income from employment. Retirement plans may be set up by employers, insurance companies, the government or other institutions such as employer associations or trade unions. Retirement plans are more commonly known as pension schemes in the UK and Ireland and superannuation plans in Australia.

Types of Retirement Plans

Retirement plans may be classified as defined benefit or defined contribution according to how the benefits are determined.

Defined Benefit Plan

A defined benefit plan guarantees a certain payout at retirement, according to a fixed formula which usually depends on the member's salary and the number of years' membership in the plan.

Traditionally, retirement plans have been administered by institutions which exist specifically for that purpose, by large businesses, or, for government workers, by the government itself. A traditional form of defined benefit plan is the final salary plan, under which the pension paid is equal to the number of years worked, multiplied by the member's salary at retirement, multiplied by a factor known as the accrual rate.

The final accrued amount is available as a monthly pension or a lump sum.

In addition, many countries offer state-sponsored retirement benefits, beyond those provided by employers, which are funded by payroll or other taxes. In the U.S., this is one role of Social Security.

Defined benefit plans may be either funded or unfunded.

In a funded plan, contributions from the employer, and sometimes also from plan members, are invested in a fund towards meeting the benefits. The future returns on the investments, and the future benefits to be paid, are not known in advance, so there is no guarantee that a given level of contributions will be enough to meet the benefits. Typically, the contributions to be paid are regularly reviewed in a valuation of the plan's assets and liabilities, carried out by an actuary. In many countries, such as the USA, the UK and Australia, most private defined benefit plans are funded, because governments there provide tax incentives to funded plans.

In an unfunded plan, no funds are set aside. The benefits to be paid are met immediately by contributions to the plan. Most government run retirement plans, such as the social security system in the USA and most European countries, are unfunded, with benefits being paid directly out of current taxes and social security contributions. In some countries, such as Germany, Austria and Sweden, company run retirement plans are often unfunded.

Defined Contribution Plan

A defined contribution plan will provide a payout at retirement that is dependent upon the amount of money contributed and the performance of the investment vehicles utilized.

In a defined contribution plan, contributions are paid into an individual account for each member. The contributions are invested, for example in the stock market, and the returns on the investment (which may be positive or negative) are credited to the individual's account. On retirement, the member's account is used to provide retirement benefits, often through the purchase of an annuity which provides a regular income. Defined contribution plans have become more widespread all over the world in recent years, and are now the dominant form of plan in the private sector in many countries. For example, the number of DB plans in the US has been steadily declining, as more and more employers see the large pension contributions as a large expense that they can avoid by disbanding the plan and instead offering a defined contribution plan.

Examples of defined contribution plans in the USA include Individual Retirement Accounts (IRAs) and 401(k) plans. In such plans, the employee is responsible, to one degree or another, for selecting the types of investments toward which the funds in the retirement plan are allocated. This may range from choosing one of a small number of pre-determined mutual funds to selecting individual stocks or other securities. Most self-directed retirement plans are characterized by certain tax advantages, and some provide for a portion of the employee's contributions to be matched by the employer. In exchange, the funds in such plans may not be withdrawn by the investor prior to reaching a certain age.

.