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412(i) Fully Insured Plan

412(i) Fully Insured Plan. BISYS-Potomac 800.722.1600.

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412(i) Fully Insured Plan

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  1. 412(i) Fully Insured Plan BISYS-Potomac 800.722.1600 BISYS-Potomac is registered with the National Association of State Boards of Accountancy (NASBA), as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN 37219-2417. NASBA phone number: 615.880.4200 Web site: www.nasba.org • This information is provided for educational purposes only. • This presentation neither provides nor implies any tax advice. www.BISYSinsurance.com

  2. 412(i) Plan • A Qualified Retirement Plan • Current tax deduction for all contributions • 412(i) Fully Insured Plan • Referred to in the IRS regulations as an “insurance contract plan” • Special type of defined benefit plan www.BISYSinsurance.com

  3. Defined Contribution 401(k) is an example Contribution defined by compensation Example - Contribution equal to 10% of pay Retirement income or “pot” not defined, depends on investment returns along the way Defined Benefit 412(i) is an example Retirement benefit or income based on compensation Example - Benefit equal to 100% of average monthly compensation Retirement income or “pot” defined Two Types of Qualified Plans www.BISYSinsurance.com

  4. Defined Benefit Plans • Funding for a “pot” at retirement age • Greater the “pot” and/or less the time to fund, the greater the contribution needs to be • Historically defined benefit plans have been used by many companies of all sizes • Defined contribution plans gained favor in recent years • Easier to define cost • Leveraged buy-outs, fiasco with GICs in 70’s and 80’s were the death knell to DB plans • Restrictions, limitations, administrative cost increases, etc. www.BISYSinsurance.com

  5. Defined Benefit PlansThe Good • Defined benefit plans can be the best way to provide for a large tax deduction for a retirement plan • Especially for those who are older • Catch-up funding www.BISYSinsurance.com

  6. Deduction Limits: • Profit Sharing $40,000 • Money Purchase $40,000 • Target Plan $40,000 • Defined Benefit $79,085 If Goal Is Max Deduction Owner age 52, Salary $160,000 www.BISYSinsurance.com

  7. Defined Benefit PlansThe Bad • Thought to be too expensive if too many people to fund for • Problems because of the design of the plan • Administrative costs • Actuarial costs • Unknown/uneven funding www.BISYSinsurance.com

  8. 412(i) Plan • Retirement benefit based on guarantees inherent in specific insurance company products • Annuities, life insurance • Contributions based on the guaranteed interest rates of the products • No actuarial computations • Largest initial tax deductible contribution possible www.BISYSinsurance.com

  9. Deduction Limits: • Profit Sharing $40,000 • Money Purchase $40,000 • Target Plan $40,000 • Defined Benefit $79,085 • 412(i) Defined Benefit $210,243 If Goal Is Max Deduction Owner age 52, Salary $160,000 www.BISYSinsurance.com

  10. 412(i) Plan Tax Law Changes • EGTRA - Economic Growth and Tax Relief Reconciliation Act • Higher compensation amount can be used • Raised from $170,000 to $200,000 • Higher retirement benefit amount to fund to • Raised from $140,000 to $160,000 • Lower age to fund to • Lowered from Social Security retirement age to 62 www.BISYSinsurance.com

  11. 412(i) PlanIdeal Client Profile • Small business owner • Age 45 or older • Profitable company --- Steady income stream • Wants large tax deduction now • Maximum number of employees is usually 4-7 • Or family business • Or with high turnover www.BISYSinsurance.com

  12. 80% Don’t Have Plans! • Why not? • Owner doesn’t get a large enough share of the company contribution • Owner doesn’t get a large enough contribution in terms of the dollar amount • Complicated and expensive administration • No advisors for guidance www.BISYSinsurance.com

  13. 412(i) Plan – How It WorksWho Participates • Cannot discriminate, but can leave out • those who are 21 or younger • working 1,000 or less hours • those benefiting from certain union plans www.BISYSinsurance.com

  14. 412(i) Plan – How It WorksPlan Funding • As per Code Section 412(i) • “funded exclusively by the purchase of life insurance contracts”…..with “level annual premium payment” • “benefits…guaranteed by an insurance carrier..to the extent premiums have been paid” • “no policy loans are outstanding at any time during the year” www.BISYSinsurance.com

  15. 412(i) Plan – How It WorksPlan Funding • Usually 100% fixed annuity or split funded with fixed annuity and life insurance, often Whole Life • Benefits must be guaranteed www.BISYSinsurance.com

  16. 412(i) Plan – How It WorksAccrued Benefit • The accrued benefit is simply the cash value of the insurance and annuity contracts issued to each participant • All participants subject to the vesting schedules of qualified retirement plans www.BISYSinsurance.com

  17. 412(i) Plan – How It WorksRecap • Plan designed to provide a “pot” at retirement • Funding to reach benefit based on “guaranteed” rates of annuity/life insurance used • Future contributions reduced by amount above “guaranteed” or “current” • Can include life insurance www.BISYSinsurance.com

  18. 412(i) Plan – How It WorksWhy Buy Life Insurance? • Ability to “guarantee” a retirement income for loved ones • Lower net cost since purchased with pre-tax dollars • Does not lower benefit provided, it increases the contribution made, maximizes tax-deduction • Subject to “incidental insurance” rules of Treasury Reg. Section 1.401 (b)(1)(i) www.BISYSinsurance.com

  19. 100 TIMES RULE Life insurance limited to no more than 100 times the expected retirement benefit Most common method 74-307 RULE Life insurance is limited to 66 2/3% of the “theoretical level premium” of a non-insured plan. Life Insurance in the PlanIncidental Benefit Limits www.BISYSinsurance.com

  20. 412(i) Plan – How It WorksLife Insurance in the Plan • Economic benefit cost to employee • Now based on “lowest term rates” of carrier • Will be based on Table 2001 rates • Flexibility of product may be an issue unless you fund for a long time • Policy can be distributed based on surrender value in policy www.BISYSinsurance.com

  21. 412(i) Plan – How It WorksWhat Happens If? • Employee leaves plan • Plan benefit based on values in that employee’s policies • Employer needs to lower funding • Plan design can be altered - with valid reason • Plan can be shut down- with valid reason • Minimum funding period 5 years, should assume 10 • Options after plan terminates or employee leaves • Rollover IRA -- provides equity investment www.BISYSinsurance.com

  22. CASE DESIGNS& Q&A

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