Plan Designs
Alternatives
SEP | Qualified Plan | |
Eligibility: |
Must cover all employees who: 1. Have reached age 21 2Perfomed any service in 3 0f 5 immediately preceding years. 3. Was paid at least $650 during year. |
Must cover employees who: 1. have attained age 21. 2. Performed 1 year of service or can be2 (3 before 1/89) if 100% vested on entry. 3. “Year of Service” means 1,000 hours.
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Participation: | Must benefit 100% of eligible employees | Must benefit either 70% of all employees. Can exclude part-time (under 1,000 hours) employees. |
Vesting: | 100% vested immediately. | Choice of : 5-year 100% vesting or 2-6 year graded vesting. |
Contributions: |
Must be uniform relationship with compensation. Limited to the lesser of 25% of compensation or $46,000. |
May bear uniform relationship of compensation. Limitations: DB–$185,000 or 100% of average compensation of high 3 years; DC–$46,000 or 100% of compensation. |
Distribution: | 10% excise tax on early withdrawal prior to age 59 ½. | 10% excise tax on early distributions (before age 59 ½ or early retirement before 55). |
Loans: | Not allowed. | Allowed within specific limits. |
Discrimination: | Contributions may not discriminate in favor of highly compensated. | Contributions may not discriminate in favor of highly compensated. |
Trust Issues: | Plan may not be self-trusteed and cannot invest in life insurance. | Requires a qualified trust, but may be self-trusteed. Trust can invest in life insurance. |
Cash or Deferred Arrangement (401K Feature) |
50% of eligible employees must defer salary. Each highly compensated employee can only defer 125% of average deferral percentage of non-highly compensated employees. Employer cannot have more than 25 employees in preceding year. No new salary reduction plans may be established after Dec. 31, 1998. |
See “Participation.” Average deferral percentage of highly compensated cannot exceed: If non highly compensated deferrals are less than 2%, H/C is 2 times. If non highly compensated is between 2% and 8%, H/C is 2 plus percentage points. If non highly compensated is more than 8%, H/C is 1.25 times. Safe Harbor alternatives available to eliminate discrimination testing. |
Non-Model: | Any employer who ever maintained a DB plan or maintains any other plans or an affiliated service group or an Integrated Plan. | Not applicable. |
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