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What is ERISA and who does it protect?
Employee Retirement Income Security Act. Protects employees (benefits).
Who imposes fiduciary responsibility?
ERISA
What is the IRS and what does it do?
Internal Revenue Service, the agency in charge of collection taxes and enforcing the legislative code.
What is the DOL and what does it do?
Department of Labor, helps job seekers, wage earners and retirees. Also governs the actions of fiduciaries.
What is the PBGC and what does it do?
Pension Benefit Guaranty Corporation, they are an insurance program for defined-benefit plans.
Oversees fund solvency (Voluntary or Involuntary)
Is defined benefit a qualified tax-advantage plan?
Yes
Is SEP a qualified tax-advantage retirement plan?
No, it is not a qualified but it is tax-advantaged
Is SIMPLE a qualified tax-advantage retirement plan?
No, it is not a qualified but it is tax-advantaged
Is 403(b) a qualified tax-advantage retirement plan?
No, it is not a qualified but it is tax-advantaged
Is cash balance a qualified tax-advantage retirement plan?
Yes
Is money purchase a qualified tax-advantage retirement plan?
Yes
Is target benefit cash balance a qualified tax-advantage retirement plan?
Yes
Is profit-sharing a qualified tax-advantage retirement plan?
Yes
Is 401(k) a qualified tax-advantage retirement plan?
Yes
Is stock bonus a qualified tax-advantage retirement plan?
Yes
Is ESOP a qualified tax-advantage retirement plan?
Yes
What are the attributes of a Qualified Plan?
Employer deduction at contribution
Tax deferral on earnings and income
Employees pay tax on distributions
Distributions can be rolled into other tax-deferred vehicles
ERISA protection
General Requirements of All Tax Advantaged Plans
Plan document
Eligibility and coverage
Vesting
Employee communications
Nondiscrimination
Prefunded
Is Defined-benefit PP a Defined-Benefit or Defined-Contribution?
Defined-Benefit
Is cash-balance PP a Defined-Benefit or Defined-Contribution?
Defined-Benefit
Is money-purchase PP a Defined-Benefit or Defined-Contribution?
Defined-Contribution
Is target-benefit PP a Defined-Benefit or Defined-Contribution?
Defined-Contribution
Is profit sharing a Defined-Benefit or Defined-Contribution?
Defined-Contribution
Is 401(k) a Defined-Benefit or Defined-Contribution?
Defined-Contribution
Is stock bonus a Defined-Benefit or Defined-Contribution?
Defined-Contribution
Is ESOP a Defined-Benefit or Defined-Contribution?
Defined-Contribution
What are some characteristics of a defined-benefit plan?
Specifies benefit
Assets not allocated
Investment risk with employer
Pre-retirement inflation
Unpredictable and expensive costs
Not Portable but takes in past service
What are some characteristics of a defined-contribution plan?
Contribution/allocation
Individual accounts
Investment risk with employees
No inflation protection
Predictable costs
Less costly to administer
Portable but doesn’t take in past service
Is defined benefit Pension or Profit Sharing?
Pension
Is cash balance Pension or Profit Sharing?
Pension
Is money purchase Pension or Profit Sharing?
Pension
Is target benefit Pension or Profit Sharing?
Pension
Is Profit Sharing Pension or Profit Sharing?
Profit Sharing
Is 401(k) Pension or Profit Sharing?
Profit Sharing
Is stock bonus Pension or Profit Sharing?
Profit Sharing
Is ESOP Pension or Profit Sharing?
Profit Sharing
What are some characteristics of a Pension?
Required funding
10% of assets in sponsors stock
Distribution requires termination of employment
What are some characteristics of Profit-Sharing?
Discretionary funding
100% invested in sponsor’s stock
In-service withdrawals
What are the three section 410(b) coverage rules?
General Safe Harbor
Ratio Percentage
Average Benefits
What is the General Safe Harbor test?
The plan covers > 70% of all NHCEs
What is an HCE?
Highly Compensated Employee.
What is the Ratio Percentage test?
NHCE must be at least 70% of the HCE percentage
Is Full Vesting required in Employee Contributions?
Yes
Is Full Vesting required in a Normal Retirement Age?
Yes
Is Full Vesting required in a Plan Termination?
Yes
Is Full Vesting required in the 2-Year Eligibility Requirement?
Yes
Is Full Vesting required in 401(k) Safe Harbor Contributions?
Yes
Is Full Vesting required in case of Death?
It is common but not required
Is Full Vesting required in the case of Disability?
Common but not required
Is Full Vesting required in the case of Early Retirement?
Common but not required
Is Full Vesting required in SEPs and SIMPLEs?
Always
Is Full Vesting required in 403(b) Plans?
Extremely common but not required
What is Vesting?
Where an employee earns full ownership of employer-provided assets (such as 401(k) matches or stock options) over a set period time or after milestones are reached.
What are some Vesting requirements?
1,000 hours of service
Measuring period can be plan year
Disregard
Pre-age 18
Pre-establishment of plan
In some cases after termination and reemployment
What are some characteristics of a Defined-Benefit Pension Plan?
Employer assumes responsibilities
Better tax shelter for older owners
Costly
Difficult to communicate
Employer’s future costs uncertain
Annual employer contribution
No in-service withdrawals
What is the Unit-Benefit Defined-Benefit Formula?
Final Average Monthly Compensation (FAC) x Years of Service x 1.5%
Ex: 30 years x $10,000 x .015 = $4,500
What is the Flat Percentage of Earnings Defined-Benefit Formula?
40% of FAC
Ex: $10,000 x .4 = $4,000
What is the Flat Amount Per Year of Service Defined-Benefit Formula?
$50 a month x years of service
Ex: $50 × 25 years = $1,250
What is the Flat Amount Defined-Benefit Formula?
$1,500 a month
What is some characteristics of Cash Balance Pension Plan?
Defined-benefit
Mandatory funding
Hybrid
Pension benefit based on an annual guaranteed contribution rate and guaranteed earnings on the contributions
Quasi-seperate accounts
What are some advantages to a Cash Balance Pension Plan?
Larger contributions like defined-benefit
Benefit structure similar to defined-contribution
PBGC coverage for employees
What are some disadvantages to a Cash Balance Pension Plan?
PBGC coverage costs
Admin costs
Required contributions
What are some characteristics of a Money Purchase Pension Plan?
Defined-contribution
Mandatory annual funding of a fixed percentage of pay
Participant holds risk
Separate accounts
Favors younger plan entrants
What are some advantages to a Money Purchase Pension Plan?
Predictable benefits costs
More security than with discretionary profit-sharing contributions
What are some disadvantages of a Money Purchase Pension Plan?
Rigid annual contribution requirements
Prefer flexibility of profit-sharing plans
What are some characteristics of a Target-Benefit Plan?
Special type of money purchase pension plan
Determines the contribution based age
Participant holds risk
Favors old plan entrants
If actual investment experience is higher than assumptions, total benefit will ____ (exceed, fall below) the target.
Exceed
What is a profit-sharing plan?
A defined-contribution plan where employer contributions are discretionary and allocated to employees based on a chosen formula.
What is standard allocation in profit-sharing?
Contributions are allocated proportionally to employees compensation
(if company has $500,000 in payroll and you make $250,000 you’re allocation is 50%)
What is an Age-Based Profit-Sharing Plan?
A plan that weights contributions by age x compensation
Giving larger contributions to older employees because they are closer to retirement
What is a New Comparability Plan?
A profit sharing plan that allocates by employee groups (owners vs. staff).
It must pass a nondiscrimination gateway
What is a 401(k) plan?
A retirement plan where employees can make salary deferrals
Employers may add matching or profit-sharing contributions.
What contributions can employees and employers make to a 401(k)
Employee: Salary deferrals (pre-tax or Roth).
Employer: Matching contributions and optional profit-sharing.
What is employer matching in a 401(k)
The employer contributes a percentage of the employee’s salary deferral (e.g., 50% match on the first 6%).
What is the ADP test?
Actual Deferral Percentage
A nondiscrimination test ensuring HCEs don’t defer too much more than non-HCEs.
What is a participant loan in a 401(k)?
A loan that lets employees borrow from their vested 401(k) balance if the plan allows loans. Plans are not required to offer them.
How much can you borrow in a participant loan, and how do you repay it?
You can borrow the lesser of $50,000 or 50% of vested balance. Loans must be repaid within 5 years, with payments at least quarterly.
What if a participant fails to repay a loan?
The unpaid amount becomes a taxable distribution and may face penalties.
If you leave your job, the employer can require immediate repayment or treat the balance as a distribution.
What is a stock bonus plan?
A defined contribution profit-sharing plan where the employer contributes company stock.
Contributions are discretionary
Allocations must be nondiscriminatory.
What special participant rights exist in a stock bonus plan?
Pass-through voting rights
The right to demand employer stock at distribution
A put option to sell shares back to the employer.
Distributions must start within 1 year of retirement/death/disability or within 5 years after other termination.
What is an ESOP
Employee Stock Ownership Plan
A defined contribution stock bonus plan where participants receive employer stock allocations
Employers get a tax deduction for the value of stock contributed
What are core ESOP characteristics?
Common in small companies
Follow the same voting/put-option rules as stock bonus plans
Cannot integrate with Social Security
Often use like a bank loan.
If actual investment experience is lower than assumptions, total benefit will ____ (exceed, fall below) the target.
Fall Below
What are the requirements for a HCE?
5% owners during the current or previous year
Anyone who earned $160,000 in the previous year
What are the two rules to the ADP test?
125% rule
: HCE average ADP ≤ 125% of NHCE ADP.
200% / 2% rule
HCE ADP ≤ 200% of NHCE ADP and cannot exceed NHCE ADP by more than 2%.
What is the vesting schedule for employer matching?
Graded (2-6 years)
3-year cliff schedules.