Posts Tagged ‘Defined Contribution’

The best-kept tax secret for small businesses

Wednesday, January 13th, 2010

By Nancy Mann Jackson, contributing writerJanuary 13, 2010: 11:42 AM ET

(CNNMoney.com) — For two years, Dr. James Smouse of Atlanta Oral and Facial Surgery tried to convince his younger partners to participate in a cash balance pension plan, a unique defined-benefit plan that offers business owners the opportunity to make hefty, tax-deferred contributions toward their retirement savings. But until the recession hit, they weren’t interested.

“They thought they’d be better off investing their money in stocks and other vehicles,” Smouse says. “But what happened over the past 18 months showed there’s a risk, and after working a few years, they’ve seen how much money they have to pay in taxes.”

With their cash balance plan — which guarantees an annual return of 4%, compounded over 30 years for the youngest participants — Smouse’s partners realized they could enjoy significant retirement benefits with tax savings now and little risk later. So in 2009, the group worked with actuaries at Jacksonville, Fla.-based Dorsa Consulting to establish their plan.

The cash balance pension plan — little-known and even less understood — is growing in popularity. “It’s the best-kept secret in retirement planning. Even CPAs don’t know about it,” says Stephen Dobrow, president of Burlingame, Calif.-based Primark Benefits.

The plans, which involve mandatory annual contributions, work best for small business owners with fewer than 20 employees and excess profits of more than $50,000 per year that they can afford to sink into funding a pension , says Richard Jensen, president of BRS Consulting in Little Rock, Ark. If your company fits the bill, you can enjoy these benefits:

Accelerated Retirement Savings. Most business owners don’t begin saving aggressively for retirement until they’re five or 10 years away from it, Dobrow says. They tend to plow any extra profits back into the business.

For those owners, a cash balance plan offers an opportunity to catch up quickly. At Smouse’s office, owners who are less than five years from retirement can sock away an extra $60,000 each year pre-tax, beyond their investments in the firm’s profit-sharing plan. Younger owners only have to put in $10,000 per year.

Security. A cash balance plan is a defined-benefit plan, as opposed to a defined contribution plan like a 401(k). That means that it guarantees a targeted annual benefit beginning when the owner reaches a certain age. Working with an actuary, participants set annual contributions that will yield the set benefit.

And upon retirement, those benefits are guaranteed: “When the market fell, people’s cash balance plans didn’t drop; their 401(k)s did,” says John McCrary of Dorsa Consulting. “People with a cash balance plan didn’t lose anything.”

Those benefits are guaranteed by the business. As the plan’s sponsor, it’s responsible for the funding. But most companies shift the responsibility to a financial services firm.

For example, say a plan wants to guarantee a post-retirement benefit of $1,000 per month for life. The plan sponsor can then go buy an annuity from a company like ING (ING).

“ING promises to pay that participant the $1,000 per month as long as they live,” McCrary says “The only investment risk that the participant now has is that ING stays in business during his lifetime. No matter what the market does, the risk now has shifted from the plan to ING. But they have a pool of money to pay from, so they really have maybe 15 to 20 years for the market to rebound and start growing again.”

McCrary compares a defined benefit plan to a loan. “We know how much we want at retirement, we know how many years we have until we reach age 65, and we can estimate a rate of return,” he says. “It’s not really quite that easy, but that is the big picture.”

However, if the investment returns are poor, the plans can be underfunded. Because most cash balance plans for small employers will terminate when the owner retires, the final contribution due is the amount needed to cover any underfunding. In that case, the owner can either contribute the full amount or waive any shortfall, which means they will take a smaller benefit, McCrary says.

But cash balance plans are conservative, aiming for slow, steady growth with a return of 5% to 6% percent, which helps limit losses in a bad market.

Extreme tax relief. A cash balance plan offers business owners a legal vehicle to defer paying taxes on large sums of income. “It’s a great way to lower your taxes,” McCrary says. “Would you rather save money for yourself or pay off all this [government] spending that’s going on?”

For most businesses, the highest expense after salaries “is tax liability,” Smouse says. “To legally not pay as much in taxes, there aren’t many avenues. [With a cash balance plan], the money you’re not giving to the federal government will be put into your own pocket when you retire. It will be taxed then, but hopefully we’ll be in a lower tax bracket then.”

More at: Money.com

When ‘I’ll scratch your back if you scratch mine’ Bites You in the Rear

Friday, August 7th, 2009

Recently, Defined Contribution retirement plans have been in the news for a handful of reasons. In July the Department of Labor and SEC held a hearing addressing the lackluster and often misleading performance of Target Date investments. Another DOL hot topic is whether plan participants are paying unreasonable or excessive fees in their retirement accounts. Recent litigation has also publicized a rising number of conflicts of interest amongst plan fiduciaries.

In the course of our retirement plan practice, it isn’t uncommon when meeting with new plan sponsors that we identify fiduciaries who are potentially breaching their obligations to their participants. At our initial meeting, the trustee will tell us about his or her plan and identify strengths and weaknesses they would like to address. Despite that, a common statement is, “We are not currently interested in making changes to the plan because we have a relationship with our vendor [or broker].” When asked to explain a little further, common responses often begin with “We do legal work for the company” or “They’re a big client of ours so we don’t want to jeopardize that relationship.” The conversation always ends in their statement of, “You know what I mean?”

In the south, cases like these are often referred to as “the good ol’ boy network.” It is typically perfectly acceptable in most business relationships to do business with your best clients, but when a retirement plan is involved, things get a little dicey. Under ERISA provision 406(a), transactions between a plan and a party of interest can be seen as a prohibited transaction violation.

ERISA 406(a) prohibits plan fiduciaries from doing business or entering in to certain transactions with “parties of interest,” typically plan attorneys, accountants, investment consultants, or plan vendors. According to ERISA 404(a), “a fiduciary shall discharge his duties with respect to the plan solely in the interest of the participants and beneficiaries. Unfortunately, recent court cases have dictated that even if the transaction brings no harm to the plan and the plan participants, it can still be seen as a violation or conflict of interest and can carry severe consequences for all fiduciaries involved.

But what’s the big deal? ERISA’s standards for fiduciaries are extremely tough. In the case of Sommers Drug Stores Co. Employee Profit Sharing Trust v. Corrigan, the courts refer to those standards as “the highest known to law.” At the very least, the appearance of a potential conflict creates the question of whether a fiduciary is acting in the best interest of the participants. The biggest concern is whether actions by the fiduciary are negligent and are adversely impacting the plan. For instance, could the conflict of interest mean participants are paying unreasonable compensation to the vendor or investment advisor? Are there better investment options amongst other plan vendors? Do the participants have access to adequate educational tools and resources?

We’ve highlighted only one example of a potential conflict of interest. Many other examples exist. But what can fiduciaries do to avoid a prohibited transaction? We recommend that you demonstrate Procedural Prudence in all decisions you make:

1. Research and understand your fiduciary responsibilities,
2. Take Action – Do what is required to keep the plan in compliance, and
3. Document all decisions and compliance-related activities.

If you have questions about this subject or want to learn more about how to comply with ERISA guidelines, visit our website at www.retirementplanpros.com.

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Trent Grinkmeyer, Valerie Leonard and Kimberley Fulcher are Registered Representatives and Investment Adviser Representatives with/and offer securities and advisory services through Commonwealth Financial Network, Member FINRA/SIPC, a Registered Investment Adviser. If you wish to opt out of receiving future e-mails, please respond to this e-mail with “Opt Out” in the subject field. This material is intended for informational purposes only and should not be construed as legal advice and is not intended to replace the advice of a qualified attorney, tax adviser, investment professional or insurance agent.