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Retirement Plans Overview and Regulatory Update for 2012 Presented by: Mary Scott, CFP®, CRPS® Vice President, Retirement Plan Specialist 1 Today’s Agenda • Overview of Employer Sponsored Plans – Defined contribution and defined benefit plans • Fee Disclosure Rules for 2012 – Service provider fee disclosures – Participant level fee disclosures 2 Employer Benefit Plans MANDATORY VOLUNTARY Social Security Unemployment Tax TAX FAVORED SEP/SAR-SEP SIMPLE-IRA Health, Medical & Retirement Plans QUALIFIED 403(b) NONQUALIFIED 457(b) 457 Deferred Compensation Top Hat (SERP) Excess Benefit DEFINED CONTRIBUTION Profit Sharing Age Weighted/Cross Tested P/S 401(k)/SIMPLE 401(k) Money Purchase Pension ESOP DEFINED BENEFIT Pension 3 Retirement Plan Options • • • • • • SEP-IRA SIMPLE-IRA Profit Sharing 401(k) Profit Sharing Defined Benefit 403(b) 4 SEP-IRA • Flexible, employer-only contributions are made to individual IRAs on behalf of employees • Limited fiduciary liability as employees direct their own IRA investments • Simple to establish and maintain with minimal administration costs 5 SEP-IRA Limits • Maximum contribution for a participant is 25% of comp ($250k max) up to $50k • Employer can deduct a max of 25% of eligible payroll • Deadline for plan set up and contributions is tax filing due date, plus extensions 6 SIMPLE-IRA • For business owners who want employees to share responsibility for their retirement • Funding to SIMPLE IRAs, where employees direct investments, minimizes employer fiduciary issues • Plan administration costs are minimal 7 SIMPLE-IRA Limits • Employee deferral limit for 2012 is $11,500 with a $2,500 catch up for participants over age 50 • Mandatory employer contribution – 3% match or – 2% non-elective contribution 8 Profit Sharing • Employer funded plan • Flexible employer contributions • Vesting schedule available • Generally contributions are prorated based on each participants share of total compensation • May allow for loans 9 Profit Sharing Limits • Maximum contribution for participant is 100% of compensation up to $50k (2012) • Employer can deduct a max of 25% of eligible payroll • Plan must be established by end of taxable year • Contributions must be made by tax filing deadline 10 Age-Weighted Profit Sharing • Profit Sharing plan designed to provide greater benefits for older employees • Plan bases contributions on benefits at retirement age, not on allocations in the current year • Sophistication of plan design requires a higher level plan document, testing, and more costly administration 11 New Comparability Profit Sharing • Profit Sharing plan designed to vary the benefits by different employee groups • Plan measures benefits at retirement, not on contribution in current year - similar to Age Weighted plan • Plan appeals to businesses interested in favoring specific employees 12 Employees Age Compensation Standard Integrated Age-Weighted New Comp Doctor, B* 44 $250,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 Doctor, A* 53 $250,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $500,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 Group A Asst, C 23 $26,000.00 $5,200.00 $4,370.67 $1,138.74 $1,300.00 Asst, B 26 $26,000.00 $5,200.00 $4,370.67 $1,414.66 $1,300.00 Asst, A 46 $30,000.00 $6,000.00 $5,043.08 $6,933.75 $1,500.00 Nurse, B 29 $40,000.00 $8,000.00 $6,724.11 $2,703.73 $2,000.00 Nurse, A 40 $60,000.00 $12,000.00 $10,086.17 $8,985.61 $3,000.00 Receptionist, A 24 $24,000.00 $4,800.00 $4,034.47 $1,129.98 $1,200.00 Group B $206,000.00 $41,200.00 $34,629.18 $22,306.47 $10,300.00 Total $706,000.00 $141,200.00 $134,629.18 $122,306.47 $110,300.00 Group A % 70.82% 70.82% 74.28% 81.76% 90.66% Group B % 29.18% 29.18% 25.72% 18.24% 9.34% 13 401(k) Profit Sharing • May be primarily employee funded • Employee deferrals on pre-tax, tax-deferred basis • May include discretionary employer contributions and/or matching contributions • May allow for loans • Vesting schedule available for employer contributions 14 401(k) P/S Limits • Employee contributions up to $17,000 with a $5,500 catch up for participants age 50+ • Employer contribution cannot exceed 25% of eligible payroll • Maximum benefit an employee can receive in the plan $50k or 100% of comp 15 Safe Harbor 401(k) P/S • Suitable for businesses where owners/ highly compensated employees are limited in their contributions • Plan eliminates the need for some nondiscrimination tests • Mandatory employer contribution must be made to plan • No vesting schedule on the S/H contribution 16 Safe Harbor 401(k) Contributions • Non-elective contribution of 3%, or a • Matching contribution – Basic match formula matches 100% of the first 3% of deferrals, then 50% between 3%-5% of deferrals • Enhanced match available 17 Safe Harbor 401(k) / New Comp Profit Sharing Deferral$ EE% %Safe Harbor 3% Catchup $7,500 3.00% $7,500 3.00% $Safe Harbor 3% Name Income NCPS $ NCPS % Total$ Total% 415 Limit Doctor, B $250,000 $17,000 6.80% $0.00 $25,500 10.20% $50,000 20.00% $50,000 Doctor, A $250,000 $17,000 6.80% $5,500 $25,500 10.20% $55,500 22.20% $50,000 Group A $500,000 $34,000 $5,500 $51,000 Asst, C $26,000 $1,300 5.00% $780 3.00% $0.00 $364 1.40% $2,444 9.40% $26,000 Asst, B $26,000 $0.00 0.00% $780 3.00% $0.00 $364 1.40% $1,144 4.40% $26,000 Asst, A $30,000 $1,500 5.00% $900 3.00% $0.00 $420 1.40% $2,820 9.40% $30,000 Nurse, B $40,000 $0.00 0.00% $1,200 3.00% $0.00 $560 1.40% $1,760 4.40% $40,000 Nurse, A $60,000 $3,000 5.00% $1,800 3.00% $0.00 $840 1.40% $5,640 9.40% $50,000 Receptionist, A $24,000 $0.00 0.00% $720.00 3.00% $0.00 $336 1.40% $1,056 4.40% $24,000 Group B $206,000 $5,800 $6,180 $0.00 $2,884 $14,864 Total $706,000 $39,800 $21,180 $5,500 $53,884 $120,364 Group A % 70.82% 85.43% 70.82% 100.00% 94.65% 87.65% Group B % 29.18% 14.57% 29.18% 0.00% 5.35% 12.35% $15,000 $105,500 18 Defined Benefit Pension Plan • Provides a determinable annual benefit at retirement • Plan contribution formulas are based on a specific retirement benefit – Max benefit to fund for in 2012 is $200,000 • Contribution is actuarially determined and is usually made quarterly • No loans or in-service withdrawals allowed 19 403(b) Plans • Non-profit 501(c)(3) organizations and public schools, college or university • ERISA and non-ERISA plans • Limits same as 401(k)s • Document required for all types (2009) • Information sharing arrangements required with providers allowed under the plan 20 DOL’s Fee Disclosure Initiatives • Part 1: Schedule C of the form 5500 (2009) • Part 2: Covered service provider disclosure under ERISA 408(b)(2) (July 1, 2012) • Part 3: Plan fiduciary disclosure to participants who direct their own investments DOL 404a-5 (August 30, 2012) 21 Purpose of the new rules • Help plan fiduciaries to determine if contracts are “reasonable” • Provide transparency with regards to plan fees • Inform participants of the fees they pay inside of the plan 22 Covered Plans • All ERISA governed plans, including: *401(k) *403(b) *Profit sharing *ESOP *Money purchase pension *Target benefit *Defined benefit *Cash balance • Plans NOT covered by 408(b)(2) – SEP-IRAs and SIMPLE-IRAs – Governmental plans; non-electing church plans – Certain orphaned 403(b) plans 23 Covered Service Providers • • • • • • Broker-Dealers Registered Investment Advisers (RIAs) Recordkeepers Third Party Administrators (TPAs) Banks and trust companies Only if expected to receive $1000 over life of contract 24 Plan Sponsor Obligations • Determine “covered” service providers • Make sure each has disclosed by July 1, 2012 – All required information been disclosed? – Non-compliant service providers must be reported to the DOL and terminated (90 days) • Determine whether each service arrangement is “reasonable” 25 Participant Fee Disclosure 404a-5 • Applies to plans with participant directed investments • Initial disclosure by August 30, 2012; subsequent quarterly by November 14, 2012 • Many relying on TPAs to send the disclosure, get confirmation to make sure that they are sent 26 Participant Fee Disclosure Contents • Disclosure must contain: – Plan related information – Information regarding plan administrative and individual expenses – Investment information about designated investment alternatives • Performance data, benchmarks, fees, website, etc. • Comparative chart format 27 Preparing Your Participants • Communicate, communicate, communicate! • The fees are not new, nothing has changed but the disclosure • Don’t let fee disclosure overshadow the many benefits of the plan – Tax savings – Matching contributions – Higher contribution limits 28 Questions? Contact: Mary Scott at 605-716-8935 or [email protected] 29