Course 1 Compensation Flashcards
(33 cards)
Four alternative definitions of 415 compensation.
W2, Withholding, Statutory, and Simplified
Post-severance compensation
not 415 unless it is paid prior to the employee’s severance
2 Exceptions to post severance compensation being 415 compensation
if the payment was made within 2.5 months of severance or the payment is made after the last day of the compensation determination year in which severance occurs.
Three types of post severance compensation that counts towards 415
regular compensation, leave cash outs, and nonqualified deferred compensation.
Benefit of using a safe harbor definition of 414(s) compensation
helps pass the nondiscrimination testing
two types of compensation
direct and indirect
Direct compensation
wages, salary, overtime, commissions, bonus, holiday, PTO, and deductions included deferrals and section 125
Commissions
an amount paid based on sales or amount of productions
Indirect compensation
benefits, insurance, reimbursements, expense allowances, fringe benefits, salary reductions (like insurance)
section 125
amount contributed by an employee for benefits such as health insurance premiums, flexible spending accounts, health savings accounts, and dependent care assistance programs
fringe benefits
trans allowance, GTL, etc
Where can you find what compensation the plan uses?
Plan Document
What is the compensation limit for a plan not on a calendar year?
the limit is based on the limit in effect at the beginning of the plan year.
401(a)17 compensation limit in 2024, 2025
$345,000, $350,000
415 compensation
the statutory definition of an employee’s total compensation (gross pay)
415 compensation is used for determining…
- applying the annual 415 limit ($69,000 in 2024, $70,000 in 2025)
- determining HCE’s
- determining Key employees
- calculating a top-heavy minimum contribution
- calculating the 5% minimum contributions for the gateway test
- calculating an employer’s deductible contribution limit
- determining a participant’s actual deferral ratio and actual contribution ratio when ADP/ACP testing.
- determining whether contributions are nondiscriminatory under the 401(a)(4) test.
W2 comp excludes…
tips and nontaxable fringe benefits
3401(a) withholding comp excludes…
tips, excess group term life insurance, and nontaxable fringe benefits
Statutory compensation excludes…
nontaxable fringe benefits, IRC 83, IRC 83i, nonqualified plan distributions, non-statutory stock option - income includible in year granted, non-statutory stock option income included in year exercised.
Simplified compensation includes…
tips, moving expenses, taxable fringe benefits, excess group life term life insurances.
What is not included in any definition of 415 comp?
nontaxable fringe benefits, deferrals, section 125 contributions, or 132(f)(4) qualified transportation fringe benefits
How do you determine 415 compensation?
Start with one of the 4 definitions of 415 comp then add back deferrals, section 125 contributions, and 132(f)(4) benefits
compensation period
a plan may specifically define what period is used to determine the compensation out of the following choices: plan year, fiscal year ending within the plan year, or the calendar year ending within the plan year.
First year eligibility under 415 comp
the entire year’s compensation is considered even including pre-participation compensation.