Chapter 3 - Qualified Plan Overview Flashcards

1
Q

Define Anti-Alienation Protection

A

An ERISA-afforded protection for qualified plans that prohibits any action that may cause a qualified plan’s assets to be assigned, garnished, levied, or subjected to bankruptcy proceedings. Exceptions to the anti-alienation rule apply for tax levies and QDROs.

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2
Q

Define Average Benefits Percentage Test

A

One part of the average benefits coverage test that requires the average benefit percentage of the nonhigly compensated employees to be at least 70 percent of the average benefit percentage of the highly compensated employees

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3
Q

Define Average Benefits Test

A

A qualified plan coverage test that determines whether the plan adequately benefits the nonhighly compensated employees by comparing the benefits received by the nonhighly compensated to the benefits of the highly compensated employees and also determines whether the employee classification is nondiscriminatory. The test consists of the Average Benefits Percentage Test and the Nondiscriminatory Classification Test.

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4
Q

Define Cliff Vesting Schedule

A

A vesting schedule that provides the participant’s full rights to the plan’s asset immediately upon the passage of a certain number of years.

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5
Q

Define Covered Compensation Limit

A

The maximum employee compensation that may be considered for contributions to qualified plans or the accrual of benefits to a qualified plan. For 2014, the covered compensation limit is $260,000

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6
Q

Define Covered Employee

A

An employee who benefits from the qualified plan during the year.

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7
Q

Define Defined Benefit Plan

A

A qualified retirement plan that provides its participants with pre-determined calculated benefits at retirement.
-Any plan that is not a defined contribution plan.

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8
Q

Define Defined Contribution Plan

A

A qualified retirement plan that provides its participants with either a contributory or noncontributory retirement account, which benefits from tax-deferred growth for contributions and earnings in the plan.

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9
Q

Define Employee Plans Compliance Resolution System (EPCRS)

A

The system provided by the IRS that allows plan sponsors to voluntarily correct any disqualifying actions within two years of the plan year end in which the problem occurred.

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10
Q

Define Employee Retirement Income Security Act (ERISA)

A

Legislation enacted by Congress in 1974 as a result of various abuses of plan sponsors to provide protection for an employee’s retirement assets, both from creditors and from plan sponsors.

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11
Q

Define 50/40 Coverage Test

A

A coverage test applicable only to a defined benefit pension plans that requires the plan to cover every day during the the plan year the lesser of 50 employees of 40% of all eligible employees.

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12
Q

Define Forfeitures

A

The percentage or amount of a participant’s accrued benefit that was not vested to the employee at the employee’s termination from the plan sponsor. The forfeited amount stays in the plan and may be allocated to other plan participants (defined contribution plan) or reduce future plan costs (defined contribution or defined benefit plan).

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13
Q

Define Graduated Vesting Schedule

A

A vesting schedule that provides an employee with full rights to a certain percentage (less than 100%) of benefits after completing a number of years of service and provides the employees with an additional percentage for each additional years of service.

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14
Q

Define Highly Compensated Employee

A

An employee who is either a more than 5% owner at any time during the plan year or preceding plan year, or had compensation in excess of $115,000 for the prior plan year (2014). A special election can be made to count only those employees whose compensation is in excess of $115,000 and are in the top 20% of employees as ranked by compensation.

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15
Q

Define Key Employee

A

Any employee who is a:

  • greater than 5% owner,
  • a greater of 1% owner with compensation in excess of $150,000 (not indexed), or
  • an officer with compensation in excess of $170,000 (2014) as determined last year.
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16
Q

Define Lump-Sum Distribution

A

A complete distribution of a participant’s account balance within one taxable year on account of death, disability, attainment of age 59 1/2, or separation from service. Lump-sum distributions from qualified plans are eligible for special taxation options.

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17
Q

Define Nonexcludable

A

An employee who must be considered as eligible to participate in a qualified plan.

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18
Q

Define Officer

A

An administrative executive who is in regular and continued service and has the executive authority normally associated with an officer.

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19
Q

Define Payroll Taxes

A

The combination of OASDI and Medicare tax paid by an employee and employer on an employees compensation.

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20
Q

Define Pension Plan

A

A qualified retirement plan that pays a benefit, usually determined by a formula, to a plan participant for participant’s entire life during retirement.

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21
Q

Define Plan Entrance Date

A

.The date an eligible employee becomes a participant in a qualified plan.

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22
Q

Define Profit Sharing Plan

A

A qualified retirement plan established and maintained by an employer where the employer makes deductible contributions on behalf of the employees, the assets grow tax-deferred, and if there is a CODA feature, the employee also makes pretax contributions.

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23
Q

Define Qualified Domestic Relations Order

A

A court order related to divorce, property settlement, or child support that can divide a participant’s interest in a qualified plan.

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24
Q

Define Qualified Plan

A

A retirement plan that meets the qualifications of IRC §401(a).

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25
Q

Define Ratio Percentage Test

A

The coverage test that compares the ratio of nonhighly compensated covered by a retirement plan to the ratio of highly compensated covered by the plan. The comparative ratio must be at least 70%

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26
Q

Define Safe Harbor Coverage Test

A

A coverage test that requires the employer to cover at least 70% of the nonexcludable, nonhighly compensated employees.

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27
Q

Define Standard Eligibility Requirements

A

IRC eligibility rules for participation in a qualified plan. Provides that an employee must be considered eligible to participate in the plan after completing a period of service with the employer extending beyond the later of the date on which the employee attains the age of 21 or the date on which the employee completes one year of service.

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28
Q

Define Top-Heavy

A

Rules that were designed to ensure that plans established primarily to benefit the owners and executives of the company also provided some minimum benefit level of benefits for the rank-and-file employees. A plan is top heavy if more than 60% of either the account balance or the accrued benefits are for the benefit of key employees.

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29
Q

Define Two-Year Eligibility Election

A

A special election that overrides the standard eligibility requirements and permits the employers to only consider those employees who have two years of service as eligible to participate in a plan. If the employer elects the two year requirement, than the employer must also provide 100% vesting at the completion of two years of service. This exception is not available for 401(k) plans.

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30
Q

Define Vest

A

To give an employee rights to employer contributions and earnings in their retirement plan benefits.

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31
Q

Define Year of Service

A

At least 1,000 hours of service for an employer and 12 months of continuous employment

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32
Q

What are the two types of qualified plans?

A

Pensions Plans

Profit Sharing Plans

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33
Q

What are the two types of pension plans?

A

Defined Contribution Plans

Defined Benefit Plans

34
Q

What are the two types of defined benefit pension plans?

A

Defined Benefit Pension Plan

Cash Balance Pension Plan

35
Q

What are the two types defined contribution pension plans?

A

Money Purchase Pension Plans

Target Benefit Pension Plans

36
Q

Are Profit Sharing Plans Defined Benefit or Contribution?:

A

Defined Contribution.

37
Q

What are the seven types of Profit Sharing Plan

A
  • Profit Sharing Plans
  • Stock Bonus Plans
  • Employee Stock Ownership Plans
  • 401(k) Plans
  • Thrift Plans
  • New Comparability Plans
  • Age-Based Profit Sharing Plans
38
Q

What is the legal promise of a pension plan? PSPs?

A
  • Paying a pension at retirement

- Deferral of compensation and taxation

39
Q

Are in-service withdrawals permitted for pension plans? PSPs?

A
  • No

- Yes (after 2 years) if plan document permits

40
Q

Are pension plans subject to mandatory funding standards? Are PSPs?

A
  • Yes

- No

41
Q

What percent of a pension plans assets are available to be invested in employer securities? Of a PSPs?

A
  • 10%

- Up to 100%

42
Q

Must a pension plan provide qualified joint and survivor annuity and a qualified pre-survivor annuity? Must PSPs?

A
  • Yes

- No

43
Q

What is the Annual Contribution Limit for a defined benefit plan? Defined Contribution Plans?

A
  • The greater of (1) the sum of the plan’s funding target, target normal cost, and a cushion amount over the value of the plan asset, or (2) the minimum required contribution for the plan year
  • 25% of covered compensation
44
Q

Who assumes the investment risk for defined benefits plans? Defined Contribution Plans?

A
  • Employer

- Employee

45
Q

How are forfeitures allocated for defined benefit plans? Defined contribution plans?

A
  • Reduce Plan costs

- Reduce Plan costs or allocate to other participants.

46
Q

Is a defined benefit plan subject to Pension Benefit Guaranty Corporation (PBCG) coverage? Is a defined contribution?

A
  • Yes (except professional firms with less than 25 employees)
  • No
47
Q

Does a defined benefit plan have separate investment accounts? Defined contribution?

A
  • No, they are commingled

- Yes, they are usually seprate

48
Q

Can credit be given for prior service for the purpose of benefits in a defined benefit plan? Defined contribution?

A
  • Yes

- No

49
Q

What is the total amount (%) an employer can deduct of the contributions it makes to an employee’s qualified plan?

A

Up to 25% of the covered compensation limit.

50
Q

What are the advantages to the employer of setting up qualified plans?

A
  • Employer contributions are currently income tax deductible

- Employer contributions to the plan are not subject to payroll taxes

51
Q

What % of your pay goes to OASDI? Medicare?

A
  • 6.2% up to $117k
  • 1.45% on 100% of compensation.

Employer pays equal %s as well

52
Q

What does the payroll tax exclusion for contributions to qualified retirement plans not pertain to?

A

Employee elective deferrals to:

  • 401(k) plans
  • 403(b) plans
  • SIMPLEs
  • SARSEPs
  • 457 plans

Exclusion still available for employer’s contributions

53
Q

What are qualified plan assets not protected from alienation from?

A
  • QDRO
  • Federal tax levy
  • Judgement or settlement rendered upon an individual for a criminal act involving the same qualified plan.
54
Q

What are the advantages to the employee of utilizing a qualified plan? 4

A
  • Availablity of pretax contributions
  • Tax deferral of earnings
  • ERISA protection
  • Lump-sum distribution options (ten-year averaging, NUA, Pre-1974 capital gain treatment)
55
Q

What are the disadvantages of qualified plans? 12

A
  • Limited contribution amounts
  • Contribution cannot be made after money is received
  • Plans usually have limited investment options
  • No or limited access to money while an active employee
  • Distributions usually taxed as ordinary income (Basis = $0)
  • Early withdrawal penalties may apply (prior to age 59 1/2)
  • Mandatory distributions at age 70 1/2 (unless still employed)
  • Only ownership permitted is by the account holder
  • Cannot assign or pledge as collateral
  • Limited enrollment periods (plan entrance dates)
  • Considered to be in Income in Respect of a Decedent asset, subjecting distributions to both income and estate taxes with no step-up in basis
  • Costs or operating the plan
56
Q

What are the IRC’s entrance requirements regarding qualified plan entrance date?

A

The employee must be allowed to enter the plan at the earlier of 6 months or the next plan entrance date after they have met their eligibility requirements.

57
Q

What is the rule that is the exception to the IRC entrance date requirements for qualified plans?

A

Two year, 100% rule.

58
Q

What are the consequences for when an employer elects to use the Two year, 100% rule requirement?

A

The plan must provide the plan participants with 100% immediate vesting of their accrued benefit or account balance on completion of two years or service for the requirement plan to be considered qualified under §401(a).

59
Q

Who would the two year, 100% rule be beneficial for?

A

To employers that have high employee turnover during the first two years so that the employers can avoid covering employees who are not likely to remain with the employer for a significant amount of time.

60
Q

When may a tax-exempt education institution with a qualified retirement plan delay eligibility in its qualified retirement plan until? What does this do?

A
  • Until the later of the employee attaining (up to) age 26 (but over 21) or the completion of one year of service. (After which the employee is 100% vested)
  • Because the institution won’t get the tax benefits related to beginning a plan this allows them to at least deny eligibility to those new teachers who do not spend may years with the school.
61
Q

What makes an exclusion from a plan discriminatory?

A

If it is based on age, sex, or any other non-business determination such as color of hair, eyes, or an employee’s height.

62
Q

What are the three coverage tests to be used for a retirement plan to be qualified?

A
  • The general safe harbor test
  • The ratio percentage test, or
  • The average benefits test

And all must meet the 50/40 test,

63
Q

Who is considered a 5% owner?

A

Any who owns MORE THAN 5% of a company’s stock or capital and that individual’s:

  • Spouse
  • Children
  • Grandchildren
  • Parents
64
Q

What does the nondiscriminatory classification test pertain to? How do you satisfy the requirement?

A

-It is the second requirement of the average benefits test.

The method in which an employer chooses employes to cover under a qualified plan must meet both of the following requirements:

  1. The classification must be reasonable and established, based on the facets and circumstances of the business, under objective business criteria that identify the category of employees who benefit under the plan, and
  2. The classification must be nondiscriminatory. In order for the classification to be nondiscriminatory, the plan must meet one of the following two tests:
    - Safe harbor test
    - Facts and circumstances test
65
Q

What are the two most common vesting schedule methods?

A
  • cliff vesting schedule

- graduated vesting schedule

66
Q

What are the vesting requirements that were enacted in the PPA 2006?

A
  • All defined contribution plans (not defined benefit plan) must vest employer contributions under a 2-6 year grade or a 3-year cliff schedule.
  • Minimum vesting in defined benefit plans remains at either 5-year cliff or 3 to 7 year graded vesting, except when a DB plan is classified as top heavy.
  • Cash balance plans are required to provide a 3 year cliff vesting schedule.
  • A plan must vest an employee 100% in any accrued benefit or account balance when the employee attains normal retirement age (for vesting purposes, normal retirement age is the later of the age specified by the plan or the employee become age 65) or upon termination of the plan.
67
Q

Regarding years of service of an employee, what does an employer not have to count for purposes of vesting?

A
  1. years of service the employee acquired with the employer before reach the age of 18 if the employee was not participating in the plan at that time,
  2. years of service the employee attained before the employer sponsored a qualified plan, or
  3. years of service the employee attained during years when he did not contribute to an employee-contributory qualified plan.
68
Q

When is a plan considered top heavy?

A

Under either of the two definitions:

  1. A defined benefit plan is considered top-heavy when the present value of the total accrued benefits of key employees in the defined benefit plan exceeds 60% of the present value of the total accrued benefits of the defined benefit plan for all employes.
  2. A defined contribution plan is top-heavy when the aggregate of the account balances of key employees in the plan exceeds 60% of the aggregate of the accounts of all employees.
69
Q

What happens when a plan is determined to be top-heavy?

A

The plan must:

  1. use top-heavy vesting schedules, and
  2. provide a minimum level of funding to non-key employees.
70
Q

What is the rules for officers at a company under definition of key employees?

A

No more than 50 employees must be treated as officers. If the number of officers exceeds 50, then only the first 50 ranked by compensation will be considered officers under the key employee definition

71
Q

When a defined contribution plan is considered top heavy, what must it provide each of its nonexcludable, non-key employees?

A

A contribution equal to at least 3% of the employee’s compensation.

72
Q

When a defined benefit plan is considered top heavy, what must it provide each of its nonexcludable, non-key employees?

A

Benefit equal to 2% per the employee’s years of service multiplied by the employee’s average annual compensation over the testing period.
-A participant’s testing period shall be the period of consecutive years (not exceeding five) during which the participant had the greatest aggregate compensation from the employer.

73
Q

Any qualified plan that includes a cash or deferred arrangement (CODA), such as a 401(k) plan, must also satisfy each of which two tests?

A
  • The Actual Contribution Percentage (ACP) Test for employer matching contributions (and employee after-tax contributions), and
  • The Actual Deferral Percentage (ADP) Test for employee elected deferrals.
74
Q

The benefits payable under a qualified plan are based on what?

A

The employee’s compensation up to the covered compensation limit.

75
Q

For defined benefit plans, what do the statutory requirements generally limit the employer to providing an employee with the maximum annual expected benefit at retirement to?

A

The lesser of:

  • $210,000 (2014), or
  • 100% of the average of the employee’s highest consecutive years compensation during the time of plan participation (considering the covered compensation limit)
76
Q

How is the amount determined to be paid out under defined benefit plans adjusted so they won’t unfairly benefit certain employees with very few years of plan participation?

A

An individual who participates in a defined benefit plan for less than 10 years must reduce the calculated maximum benefit by 10% for ever year of participation less than 10.

77
Q

In regards to defined contribution plans, what is annual additions limit?

A

A statutory ceiling that consists of:

  • employee deferrals,
  • employer matching contributions,
  • employee discretionary contributions,
  • employee after-tax contributions, and
  • forfeitures
78
Q

In defined contribution plans, in general what is the maximum contribution per participant limited to?

A

The lesser of:

  • 100% of an employee’s compensation for the year, or
  • $52,000 (2014)
79
Q

What is an employers contribution to the a defined contribution plan an aggregate of?

A
  • Mandatory contributions
  • Discretionary contributions, and
  • Matching contributions.
  • If an employer maintains multiple defined contribution plans, the limit is based on the aggregate of all the contributions to all of the qualified retirement plans.
80
Q

What is an employees contribution to the a defined contribution plan an aggregate of?

A
  • Mandatory contributions
  • Elective deferral contributions, and
  • Any after-tax contributions.
81
Q

When an employer maintains both a defined benefit plan and a defined contribution plan, the general rule is that the total amount deductible in a tax year under such plans shall not exceed what?

A

The greater of:

  • 25% of the compensation otherwise paid or accrued during the taxable year to the beneficiaries under such plans, or
  • The amount of contributions made to or under the defined benefit plans to the extend such contributions do not exceed the amount of employer contributions necessary to satisfy the minimum funding requirements.