DB plan
DC plan
plan that satisfies the requirements of ERISA and subsequent laws
qualified retirement plan
earnings above $110,000 (2010) and:
- top 20% of EE’s by pay
OR
- 5% owner
HCE = highly compensated EE
limits on compensation recognized in retirement plans
- $245,000 in 2010
401(a)17
*limits amt of benefs. paid to an indiv. EE under DB and the annual additions made by the EE under DC plan
DC plan – lesser of 25% of pay or $49,000 (2010)
DB plan – lesser of 100% of 3-yr avg pay or $195,000
Section 415 limits
key employees requirements
used in top-heavy plan status.
top heavy requirements
DC plan – 60% or more of plan assets held by “key EE’s”
DB plan – key EE’s have 60% or more of the projected benefs.
vesting requirements
*value of AT and elect.(BT) EE contribs. must be fully vested at all times.
*ER contribs. must be vested when EE reaches plan’s normal ret. age
*otherwise, ER contribs at min:
DC plan – 6-yr graded; 3-yr at 100%
DB plan – 7-yr graded; 5-yr at 100%
Sect. 410(a)(9)
min. distrib. requirements
entry requirements
min – age 21; 1000 hours of service
excludible EE’s
union; nonresident aliens; less than 21 years old; 6 mo. or less of service; work less than 17.5 hrs per week
Controlled Groups - types
Qualified Separate Line of Business (QSLOB)
coverage tests to ensure that the plan is nondiscrim. as to coverage
Section 410(b) tests (also known as Coverage Tests)
– 70% of NHCEs
OR
– the percentage of the NHCEs cov’d by the plan is > / = 70% of the percentage of the HCEs cov’d
Ratio percentage tests
*Sect. 410(b) test
Avg Benef. test
*Sect. 410(b) test
SPD
Summary Plan Description
SMM
Summ of Material Modification
SAR
Summ Annual Report
(4) factors that determine EE’s ret. benef. for DC plans
disadv. of DB plan
EE’s of all corps. who are members of a controlled group of corps. are to be treated as if they were EE’s of a single ER.
Controlled Groups - defin.
Due to ERISA, stmts that need to be automatically given to EE’s