Retirement Planning Flashcards
(176 cards)
Role of IRS of qualified plans…
- supervising the creation of new retirement plans
- monitoring and auditing existing ones
- interpreting federal legislation (tax consequences of pensions)
- administering the qualified system
What is ERISA?
- a federal law that governs the non-tax aspects of private retirement plans and other employee benefits
- requires plan sponsors to report and disclose plan information to the IRS, DOL, Pension Benefit Corporation, and plan participants.
Department of Labor
- ensures the compliance with ERISA’s pan reporting and disclosure rules, and oversees compliance with the prohibited transaction rules
- regulates the actions of the plan fiduciaries, which include individuals or firms that exercise discretionary authority over plan assets, or that provide investment advice for a fee
Pension Benefit Guaranty Corporation (PBGC)
- responsible for insuring the vesting plan participants against loss of benefits from plan termination
- benefit payments are financed by premiums paid by the sponsors of defined benefit plan
Who are exempt from PBGC requirements?
Service employers with 25 or fewer active participants
Limit determined by age at retirement
PBGC can terminate a defined benefit plan if…
- minimum funding standards are not met
- benefits cannot be paid when due
- the long run liability of the company to the PBGC is expected to increase reasonable
Who are involved in the regulation of Qualified plans?
IRS (tax aspects) and DOL (labor law and employee relations)
Plan eligibility for a qualified plan?
- 21 years old
- one year of service
- worked at least 1,000 hours
What is a highly compensated employee? (HCE)
- was a greater than 5% owner of the employer at any time
- ownership of 5% immediately disregards ownership
- owning exactly 5% doesn’t count
OR
-in the preceding year had compensation greater than $130,000 from the employer
If employer makes an election, who is included in the highly compesated group?
Anyone in the top 20% compensation
1% owner vs 5% owner?
1% = owns more than 1%, 5% owns more than 5%
Percentage Test
non-HCE’s who benefit / total non-HCE’s
Ratio Test
% of non-HCE’s covered / % of HCEs covered
Average Benefits Percentage Test
average benefits % non-HCEs / average benefits % HCE
50/40 Test
Applies for defined benefit pension plans
Must benefit lesser of
- 50 employees
- 40% of all eligible employees
Purpose of Controlled Groups?
to prevent top management or owners from organizing their way out of providing a qualified retirement plan for many rank-and-file employees
When does vesting occur?
when an employee’s nonforfeitable right to receive a present or future retirement plan benefit is accrued over time, per the schedule identified by the employer-sponsored retirement plan
What schedules must be “non-top-heavy” for defined benefit pension plans?
1) Five Year 100% or Cliff Vesting - no vesting required before 5 years of employee service with 100% vesting required at the end of 5 years
2) 3 to 7 year - the plan must provide vesting as such
3 20% 4 40% 5 60% 6 80% 7 100%
What schedules must “non-top-heavy” be for defined contribution plans?
1) Three year cliff - no vesting required before, 100% after 3 years (starts with hire not start date of plan)
2) 2 to 6 year
2 20% 3 40% 4 60% 5 80% 6 100%
Who is a key employee?
1) an officer of the employer having annual compensation from the employer of more than $185,000
2) a greater than 5% owner of the employer
3) a greater tan 1% owner of the employer having annual compensation from the employer of greater than $150,000
No more than 50 employees will be treated as officers
Top Heavy Requirements
a DB plan that provides more than 60% of its aggregate benefits or account balances to key employees
Consequences of top heavy plans?
1) must provide accelerated three-year cliff or two - six graded vesting
2) it must provide a minimum defined benefit accrual of 2% times the number of years of service, up to 20% for all non-key employees
3) Must make a minimum contribution of at least 3% of annual compensation to each non-key employees account (if less then contribution for non-key must be the same as key employees)
Covered compensation annual limit used o determine contributions for a qualified plan?
$285,000 annually
Defined benefit pension plans pay benefits that cannot exceed…
The lesser of
1) 100% of the participants compensation averaged over the three highest consecutive years of compensation
2) $230,000 annually