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Frequently Asked Questions


For Plan Sponsors


What is a "qualified" retirement plan?
A retirement plan is "qualified" if it meets the rules and regulations of the Internal Revenue Service. Contributions to such a plan are generally tax-deductible for the employer and earnings on such contributions are tax-deferred while they remain in the plan. The participant in a "qualified" plan is not taxed on the contributions or the earnings until they are withdrawn from the plan.
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What is a 401(k) Plan?
A retirement savings plan is sponsored by the employer and allows employees of private corporations and non-profit organizations to reserve money for retirement on a pre-tax basis. The Federal government has created special tax advantages for contributions made into 401(k) plans. These special advantages include, but are not limited to, allowing contributions to be deducted directly from employee pay before taxes are calculated, and allowing the earnings on funds in the employee's 401(k) account to grow tax-deferred until withdrawn at retirement.
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Why are 401(k) plans so popular?
For Employees: 401(k) plans are popular because employees able to divert a portion of their salary into an account that is set aside for their retirement while simultaneously reducing their current tax bill. Employees are not required to pay income tax on these salary deferrals until they take the money out of the 401(k) plan. Often, employees are permitted to make their own investment decisions, and as their circumstances change, are allowed to change the amount of their salary deferrals. Based on the plan's rules, employees may be given access to their retirement funds through loans and hardship withdrawals.

For Employers: 401(k) plans are popular with employers because they are less expensive than other types of retirement plans. In the case of a 401(k) plan, though an employer may elect to offer the plan's participant with an "employer contribution", typically the bulk of the contributions made to a 401(k) plan are made by the employee through employee salary reductions.Typically, the bulk of the contributions made to a 401(k) plan are made by the employee through employee salary reductions, even when the employer elects to make an “employer contribution.” If an employer sponsors a competitive retirement plan for his/her employees, the plan can be used as an employee benefit that helps an employer hire and retain top-notch employees.
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What are the benefits of working with Corporate Benefit Administrators, Inc.?
  • CBA has established a regional presence and client service capability since 1973.
  • CBA takes pride in keeping their computer hardware & software technology systems state-of-the-art.
  • CBA takes pride in our Plan Sponsor & Plan Participant Support Services
  • CBA has developed superior relationships in the investment community to deliver investment diversity by way of hundreds of mutual funds in different fund families
  • CBA has an experienced staff that has worked in the industry an average of 15 years.
  • CBA has exceptional relationships with its strategic partners such as: The American Funds, Manulife, Sungard Corbel, First Mercantile Trust, and The Travelers, for example.
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Why should we hire Corporate Benefit Administrators, Inc. to provide our plan's compliance administration & recordkeeping?
CBA's sole business is to provide compliance administration and daily valuation recordkeeping to retirement plans. We do not sell mutual funds. We do not provide investment advice. Due to the nature of the potential risk of errors, staffing expenses, and unnecessary exposure to plan sponsor and plan trustee liabilities, it is normally not advisable for a retirement plan sponsor to perform its plan's compliance and administration or recordkeeping functions "in-house." Complicated and finite plan support services such as those needed for a retirement plan typically are "out-sourced" to professionals. Although mutual fund sales companies and insurance companies frequently offer to provide this service, they do not specialize in this function. By hiring a professional administrator like CBA to perform these important services for your plan, you will protect your plan and its participants from costly mistakes, regulatory penalties, liability exposure other aggravations that will act as distractions and interefere with the operation of your business or non-profit organization.
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What are the 401(k) Administration Functions?
All reporting and disclosure requirements are the responsibility of the plan administrator. The completion of the forms which must be submitted when a participant enters the 401(k) plan, the preparation of IRS Form 5500 and related schedules, a Summary Annual Report and a statement to participants of their account balance are a few of the administrative functions of a 401(k) plan. Testing contributions, developing account balances and paying terminated participants as well as administering any possible loans and hardship withdrawals are also some 401(k) requirements.
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What is a Summary Plan Description?
A Summary Plan Description, or "SPD", is an abbreviated listing of plan provisions, including vesting rules for employer contributions, distribution rules, and the grievance procedure. An SPD is provided to an employee who has satisfied eligibility requirements to enter the plan.
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What is the difference between a 401(k) and a Profit Sharing Plan?
Technically, 401(k) plans are profit sharing plans. However, 401(k) plans differ in several ways from the traditional profit sharing plan. In a traditional profit sharing plan, the employer makes employer contributions for eligible employees, and the employer makes all of the investment decisions. In a 401(k) plan, eligible employees may choose to participate by making their own salary deferral contributions, which may or may not be matched by the employer at the employer's discretion. In some cases, employer contributions are made whether or not the eligible employee chooses to contribute to the plan. Often, the employee is involved in investment decisions.
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What about hardship withdrawals and/or loans for our retirement plan?
These options are common and can contribute substantially to the plan's success. Loan provisions are often provided to encourage employee participation and appreciation of the 401(k) plan and are more widespread than hardship distributions. The laws governing hardship distributions are complex and violation can result in plan disqualification that has caused many employers to not want to include a hardship provision in the 401(k) plan despite employee pressure.
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How often do I need to redistribute the Summary Plan Description (SPD)?
Generally, if there have been no amendments to the plan you must provide a copy to all participants every 10 years. If amendments have been made, even if a Summary of Material Modifications was distributed, you must provide an updated copy after 5 years.
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Should we consider a 401(k) Safe Harbor?
A variation of the conventional 401(k) plan, the 401(k) Safe Harbor Plan allows plan sponsors to automatically pass the Actual Deferred Percentage (ADP) and Actual Contribution Percentage (ACP) tests. In certain cases, a "Safe Harbor" contribution also satisfies the minimum contribution requirement for plans that are or might be expected to become "top-heavy".

To take full advantage of the Safe Harbor provision of the 401(k) plan, an employer must make one of the following non-discretionary contributions to the plan each year:

Employer Match: Employers must match all of the first three percent (3%) of compensation deferral into the plan, plus half of the next two percent (2%) of compensation deferral. Accordingly, the maximum potential contribution for an employee is four percent (4%) of compensation. (100% x 3% + 50% x 2%). Employers may use alternative match formulas if the total match benefit is equivalent to the "Safe Harbor" formula. The employer may not require any "hours of service" condition or employment on the last day of the plan year to receive a contribution. To insure full compliance, the employer is also required to make these contributions 100% fully vested.

To insure full compliance, the employer is also required to make either of these contributions 100% fully vested.

OR

Employer Profit Sharing Contribution: Employers must contribute at least three percent (3%) of compensation to the plan for all eligible non-highly compensated employees. The employer must make this contribution whether or not the employees have deferred compensation into the plan. Again, the employer may not require any "hours of service" condition or employment on the last day of the plan year to receive a contribution. To insure full compliance, the employer is also required to make these contributions 100% fully vested.

NOTE: As an employer, if you anticipate or if you are experiencing high levels of participation in your 401(k) plan, it may be better for your company to make an across the board three percent (3%) contribution rather than provide a minimum employer match as shown above. Using the flat three- percent (3%) contribution additionally serves the dual purpose of providing a minimum top-heavy contribution for Top Heavy plans.
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What is a 403(b) Plan?
The 403(b) is a tax deferred retirement plan available to employees of educational institutions and certain non-profit organizations. Participants contribute to either annuity contracts with insurance companies or invest in mutual funds. Contributions and investment earnings grow tax deferred until withdrawal (assumed to be retirement), at which time they are taxed as ordinary income.

The name 403(b) refers to the relevant section in the Internal Revenue Code. You can obtain a copy of IRS Publication 571, which discusses the 403(b) plan in detail by calling 1-800-829-3676 or it may be downloaded by clicking on IRS Publications and scrolling to Publication 571 Tax Sheltered Annuity Programs.
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What is a 457(b) Plan?
Named after IRS code 457, a 457(b) plan is a non-qualified deferred compensation plan for states, counties, cities, agencies, and their political subdivisions or agencies. Deferred compensation is a contractual agreement between an organization and an employee wherein the organization makes an unsecured promise to defer the compensation of the employee to some future date for services currently performed by the employee. Annual contributions are made through salary deduction up to $8,000 or 33 1/3% of salary, whichever is less. Distributions are made upon retirement, termination of employment, extreme financial hardship or at death to the designated beneficiaries.
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What is a Money Purchase Plan?
Money purchase plans were very popular with some employers prior to recent legislation that now permits a profit sharing plan to allow contributions up to 25%.

A money purchase plan requires a set contribution that can only be changed through a plan amendment.
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For Plan Members


What is a 401(k) Plan?
In general, a 401(k) is a type of profit sharing retirement plan. It allows you to contribute pre-tax dollars and then invest those dollars in fund options provided for the purpose of saving for retirement. The earnings on your investments are tax-deferred until retirement. Your employer may also make matching contributions to your account. Contributions are deducted from each payroll in the amount determined by the employee.

Each employee can defer up to the lesser of $13,000 or 100% of compensation in 2004 (this is adjusted annually for inflation). The plan may set a lower percentage limit when there are matching or other types of contributions. Other limits may apply.

Employee withdrawals before age 59 1/2 may be subject to 10% penalty.
The plan can permit loans and hardship withdrawals, but is not required to do so.

Participants can start or stop contributing during the course of the year, as permitted by the plan.

The company sets the eligibility requirements, within certain guidelines. The employer can set 5 parameters for length of service and classes of employees who are eligible from the plan.

Employers can also establish a vesting schedule, within limits, for the contribution the company makes to the 401(k). Employees are immediately 100% vested in their own salary reduction contributions. More information on vesting is covered in other questions.
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Why should I put money into the retirement plan?
By saving in the plan, you take advantage of two tax benefits. One is that your contributions are conveniently deducted from your pay before taxes. The second is that since your reportable income is reduced, you pay less in current income taxes. Other advantages include - its a convenient savings plan, your money grows tax-deferred, and you don't have immediate access to the money to spend it like a bank savings account.
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What is the Tax Credit for contributions?
The Tax Credit for low income savers is a temporary nonrefundable tax credit for lower income taxpayers who make salary deferrals to 401(k), 403(b), 457, SIMPLE or SEP plan, or regular or Roth IRA. The maximum contribution eligible is $2,000 based on adjusted gross income.
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How much may I contribute?
The IRS limits contributions to 100% of compensation up to $16,500 in 2010.

Highly compensated employees are usually limited in how much they can defer due to IRS testing requirements. If you are a highly compensated employee please consult your human resources department on your limit.
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What are Catch-Up Contributions?
If the plan permits, people age 50 or older may make an additional contribution above any IRS or Plan limit. The Catch-up Contribution amounts is $5,500 for 2010.
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Is my money guaranteed or insured?
No. You are investing your money in mutual funds and other investment vehicles, which are not insured and do not guarantee that you will earn money. You also have the potential to lose part or all of the money you invest. You should read the fund information provided to you carefully before investing or consult a financial advisor.
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What is vesting?
Your employer may make contributions to the plan for you which are subject to a vesting schedule. These contributions are designed to reward you for your service with the company and encourage you to remain with the company. A vesting schedule entitles you to only a portion of the employer contributions for each year in which you work 1,000 hours. For instance, a vesting schedule may entitle you to 20% of the employer contributions for each year you work. After 5 years of employment you would be entitled to 100% of the employer contributions, however, if you quit after 2 years you would only get 40% of the employer contributions.
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Can I roll money from my previous retirement plan or IRA into my current plan?
Yes, although there are a few plans that do not allow rollovers. You may roll money between the following plans: 401(k) Plan, 401(a) Plan, Profit Sharing Plan, Money Purchase Plan, Defined Benefit Plan, 403(b) Plan, 457 Plan, and Traditional IRA (not a Roth IRA).
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How do I roll my money from my previous plan into my current employers plan?
Although most of companies allow rollovers into their plan, you should check with your human resources department first. Next, you will need to complete withdrawal paperwork that your previous employer, or IRA, will give you. This paperwork will ask you for your information about your new plan, how the check should be made payable, and where to send it which is available from your human resources department. You may also need to provide proof that your previous plan is an IRS Qualified Plan or that your IRA is a Traditional IRA.
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What kind of proof will I need to provide to prove my former plan is qualified?
A Rollover Authorization Form should be available from your company the contains the necessary language.
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Can I take a loan from my account?
Many plans allow loans and do not have any requirements to meet. Your plan's Summary Plan Description, or your human resources department, will tell you if loans are not allowed or if there are any requirements to meet.
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How much can I borrow?
Assuming your plan allows loans, you can generally borrow up to 50% of your vested account balance not to exceed $50,000. The minimum loan is usually $1,000 which means you must have $2,000 vested before you may take a loan.
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How many years can I take to pay the loan back?
You may pay the loan back for up to 5 years or, if the loan is for the purchase of the primary residence, you may pay the loan back over 30 years. Proof is required when requesting a loan for more than 5 years for purchasing your primary residence.
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What is the interest rate and who gets the interest?
The interest rate is determined by the employer and is usually the Prime Rate plus one percent. The interest on your loan is deposited into your account.
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Can my loan be paid with my current payroll contributions?
No. Your payroll contributions are pre-tax dollars and loan payments are after-tax dollars.
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What happens to my loan if I quit or get fired?
Generally, you can either pay the outstanding balance in full or you will receive an IRS Form 1099-R at the end of the year for the outstanding balance which is subject to regular federal and state taxes, and a 10% penalty if you are not 591⁄2.
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What is a hardship withdrawal?
Your plan may allow you to make a withdrawal in the event of financial difficulty and is subject to restrictions.
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What are the restrictions for a hardship withdrawal?
Generally, a hardship withdrawal may be made to prevent foreclosure on your primary residence, purchase your primary residence, pay for post-secondary education and for medical bills not paid by insurance. You will be required to submit proof such as bills or a foreclosure notice and you could even have to consent to a credit check.
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How much will I be allowed to withdraw on due to a hardship?
Generally, you are allowed to withdraw the total amount you have contributed to the plan from your pay, but not earnings on that money. You may also be allowed to withdraw employer contributions that are 100% vested. Some plans have restrictions on whether you may withdraw employer contributions for a hardship.
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What are the consequences of taking a hardship withdrawal?
You will not be allowed to make contributions to the plan for six months, and if you are not 591⁄2 you may have to pay a 10% penalty on the amount you withdraw to the IRS. You will receive a Form 1099-R at the end of the year to file with your tax return.
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What are my options when I am no longer employed with my employer?
You can roll you money over to another retirement plan, to an IRA, or you can take a cash distribution. If your company's plan is not a qualified plan, such as a deferred compensation plan, or if it is a 457 plan or 403(b) plan, there may be other rules regarding the payment or rollover of your money.
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Do I need to have my spouse complete the Spousal Consent Form?
If your plan is subject to the Joint & Survivor Annuity rules (J & S), and your balance is over $5,000, then your spouse must consent to the distribution even if you are rolling it over to another plan or IRA. Money Purchase plans are subject to J & S, but few 401(k) plans have this rule.
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What taxes or penalties are there when I make a distribution?
If you roll your money into another plan or to an IRA there are no taxes or penalties. If you take a cash distribution 20% will be withheld for federal taxes and applicable state taxes. Generally, if you are under age 591⁄2, and you take a cash distribution, a 10% penalty is due to the IRS when you file your tax return. The federal and any state taxes that are withheld are required withholdings and may not represent the amount you may actually owe when you complete your tax return.
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Can I withdraw my money if I become disabled?
In most plans if you become permanently disabled, you will be able to withdraw money from your retirement account. Certain criteria must be met in order to obtain a disability distribution.
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What happens to my account if I get a divorce?
In some divorce cases, the court will award some or all of a retirement account's assets to the participant's ex-spouse. If this is done, the court order must meet the conditions of a Qualified Domestic Relations Order (QDRO) as stipulated by the IRS and the U.S. Department of Labor. If the court order does not meet all of the requirements for a QDRO, the plan is prohibited from paying plan benefits to anyone other than the plan participant.
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What happens to my account if I die?
Your retirement benefits will go to the beneficiary or beneficiaries you named on the beneficiary form you completed when you signed up for the program. If you didn't list any beneficiaries, the assets will be counted as general assets of your estate. If you have a will or living trust describing how your estate should be distributed, the retirement plan benefits would then be distributed along with your other estate assets according to those documents. If you don't have a will, your assets are distributed according to the laws of the state in which you live.
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Can my spouse roll my retirement account into an IRA if I die?
Yes. The spouse is the only person that may roll your money into an IRA.
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How will I know how to complete my tax return?
You will receive a Form 1099-R by January 31 of the year following the year in which you receive your distribution. If you made a rollover to another plan or IRA you will still receive a Form 1099-R but it will be marked that you made a rollover and no taxes are due.
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How can I get my money from the plan?
Plan language determines how and when you can receive a distribution. Generally, you can receive a distribution when you retire, are terminated, are disabled, qualify for a hardship or plan loan to name a few.
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