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Retirement Planning for Financial Planners. Chapter 3: Qualified Plan Overview. Defined Benefit vs. Defined Contribution. Pension Plans vs. Profit Sharing Plans. Qualified Plans. Defined Benefit Plans. Defined Contribution Plans. Defined Contribution Plans. Advantages of Qualified Plans.
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Retirement Planning for Financial Planners Chapter 3: Qualified Plan Overview
Qualified Plans Defined Benefit Plans Defined Contribution Plans Defined Contribution Plans
Advantages of Qualified Plans • Taxation of Contributions to Plans • Income Tax Deferred • Payroll Taxes Avoided on Employer Contributions • No avoidance for employee elective deferrals. • Tax Deferral on Earnings and Income • ERISA Protection • Anti-Alienation • Prohibits any action that may cause the plan assets to be assigned, garnished, levied, or subject to bankruptcy proceedings. • Protection from Employers.
Qualification Requirements • Plan Document • Eligibility • Coverage • Vesting • Special Qualification Requirements apply to: • Top-Heavy Plans • Cash or Deferred Arrangements (CODAs) • Limitation on Benefits and Contributions
Eligibility • Age 21 and one year of service (1,000 hours worked during one plan year). • Special election to require two years of service – 100% vesting requirement. • Plan Entrance Date • Generally plans have two entrance dates during the year such as 1/1 and 7/1 • Can’t make eligible employees wait more than six months to enter plan • Could also have quarterly or monthly entrance dates
Coverage (1 of 5) • Can exclude: • Ineligible employees. • Employees covered under a collective bargaining agreement. • Nonresident alien employees that do not perform services in the U.S.
Coverage (2 of 5) • Plan must be nondiscriminatory • All qualified plans must pass at least ONE of the following tests: • Exhibit 3.8 on page 104 70% 70%
Coverage (3 of 5) Who is a Highly Compensated Employee (top dog)? *Anyone who owns more than 5% of a company’s stock or capital ** If elected, add “and in top 20% of employees ranked by salary”
Coverage (4 of 5) • 5% Owner Defined • Individually owned shares, plus • Attribution of shares owned by: • Spouse • Children • Grandchildren • Parents
Coverage (5 of 5) See Exhibit 3.9 on page 105 Defined Benefit Plans must additionally pass the 50/40 Test
Vesting • See Vesting Schedules, page 109. • May always be more beneficial towards employees • In general for defined contribution plans: • 100% for employee contributions • Employer contributions: • 3 year cliff or • 20% in years 2 to 6
Special Plan RequirementsTop-Heavy Plans • Top heavy: >60% account balances or accrued benefits for key employees instead of peons • Key Employee • A greater than five percent owner, or • A greater than one percent owner with compensation in excess of $150,000 (not indexed), or • An officer with compensation in excess of $170,000 for 2014. • Officer determined based on all facts
Special Plan RequirementsTop-Heavy Plans • Required Vesting • For plan years beginning after 2006, all qualified defined contribution plans will vest on a 3 year cliff or 2 to 6 year graduated schedule, without regard to the plan’s top-heavy status. • Funding • Defined Contribution Plans • Employer must provide non-key employees with a contribution equal to at least 3% of employees compensation • Except if key employee’s contribution is less than 3%
Special Plan RequirementsTop-Heavy Plans (3 of 3) • Defined Benefit Plans • Employer must provide non-key employees with a benefit equal to 2% per years of service (limit 20%) times employees average annual compensation.
Plan Limitations on Benefits and Contributions • Covered Compensation • $260,000 for 2014 • Defined Benefit Plan Annual Benefits • Lesser of • $210,000 for 2014 • 100% of the average of the employee’s three highest consecutive years salary
Plan Limitations on Benefits and Contributions (2 of 3) • Defined Contribution Plans • Maximum contribution for the year • Lesser of: • 100% of an employee’s compensation, or • $52,000 for 2014 • Limit consists of • Employer Contributions, and • Employee Contributions, and • Any forfeitures allocated to participant’s account
Plan Limitations on Benefits and Contributions • Multiple Plan Limitation • An employer maintains both a defined benefit plan and a defined contribution plan • If contribute less than 25% of compensation to defined benefit plan, can contribute to defined contribution plan until combined balance is 25%