Tag: Newsletter – October 2018

Solving the Money Purchase / 403(b) Plan Conundrum

Do you have both a money purchase plan and a 403(b) plan? Unsure how you got here and where to go next? Are you challenged to administer both plans? Do you have multiple audits? Many of our clients have been in your shoes and after some background we share what they did to solve this problem.

It was common place many years ago to have both a money purchase plan and a 403(b) plan in place. One of the challenges with this legacy plan structure is that the plan sponsor is left to administer two separate retirement plans, which may demand two audits if the plans have more than 120 participants.

Why did this structure exist? Much has to do with the history of 403(b) plans.

 

A brief history of 403(b) plans

1958 – Congress adds section 403(b) to the Internal Revenue Code (IRC) to establish a tax-deferred retirement vehicle for non-profit entities.
1974 –403(b) plans are allowed to invest in both annuity products and mutual funds. 403(b) plans were commonly referred to as “Tax Deferred Annuities” prior to 1974. This term is a bit outdated today, as the investment options available have widened.
1986 – Several changes are made to modernize 403(b)s, similar to those applicable to other qualified plans, like 401(k) plans. These changes include a 10% penalty tax for pre-59½ withdrawals, required minimum distributions, annual contribution limits and non-discrimination rules.
1996 – Non-profit employers are eligible to sponsor 401(k) or SIMPLE IRA plans as well. Employers need to understand the advantages and disadvantages under each plan type.
2009 – 403(b) plans have come under many of the same rules and regulations that 401(k) plans have. For those that have come from the for-profit world, the 401(k) and 403(b) now look like close cousins. 403(b) plans are required to have a plan document. IRS applies other regulations to all 403(b) plans, effectively shifting more responsibility to employers. The real challenge is to adapt the previous 403(b) environment to fit the new regulatory environment.

 

What’s the difference between ERISA and non-ERISA 403(b) plans?

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that governs the administration of retirement and health plans.

Generally speaking, churches and government entities are exempt from the requirements under ERISA. However, many non-ERISA plans have started to adopt best practices from their ERISA counterparts because more prudence and better process has driven better outcomes for the plan participants!

For any other non-profit entities sponsoring a 403(b) plan, to maintain non-ERISA status, the following requirements must be met:

  • The plan must be voluntary for participants.
  • There can be no employer contributions.
  • The plan sponsor must have minimal administrative involvement with the plan.

 

What to do now…

Many plan sponsors want to move toward a one-plan solution for several reasons:

  1. Reduced investment costs – Participants can benefit from lower cost investments under an institutional contract, rather than the individual contracts prevalent in the 403(b) marketplace.
  2. Ease of administration – Reporting contributions to just one contract.
  3. Reduced audit costs – If the plans require one audit, rather than two.
    Unfortunately, the IRS does NOT allow a 401(a) money purchase plan to merge with a 403(b) plan, as they are separate and distinct money types.

One solution for the money purchase plan / 403(b) scenario is to restate the money purchase plan as a 401(k) plan, allowing all future contributions (both employee and employer) to flow into the new 401(k) plan. This preserves the employer contributions, which were previously contributed under the money purchase plan. The plan sponsor then terminates the 403(b) plan, left with just one plan to administer. The impact to participants is reduced investment costs and simplified account management.

 

So, what’s the downside of moving to a 401(k)?

1. Non-discrimination testing
One non-discrimination test that 401(k) plans are subject to, but not 403(b) plans, is the Average Deferral Percentage test. This test is designed to ensure that the highly compensated employees do not benefit from the plan to a greater extent, relative to the non-highly compensated employees.

  • If a plan’s non-highly compensated group has low participation or low savings rates, the highly compensated employees may be limited in their ability to contribute to the plan.
  • At times, this is addressed by establishing a non-qualified plan to address the needs of the highly compensated group.

2. Distributable event for the 403(b) balances

  • A second concern is related to the termination of the 403(b) plan. Because the IRS does not allow for 403(b) plans to be merged into 401(a) or 401(k) plans, the plan termination becomes a distributable event for active employees, meaning they will have option to take a distribution or roll their balance into the new 401(k) plan (or an IRA).
  • This is an individual decision, with no way to force their hand. A thorough education plan can effectively educate participants about their options and many will likely elect to roll their balance into the new plan.

 

Where do you go from here?

Plan sponsors should regularly evaluate their current plan designs to confirm that they continue to meet the needs of the employer and their participants. Many plan sponsors have made plan design changes to simplify and streamline retirement plan administration. The most significant change is to consider moving to a one-plan solution and evaluating whether a 401(k) or 403(b) plan is a better fit. The most important consideration is understanding not only what plan design you have, but also why you have that particular plan design. If you would like to speak with a plan sponsor who has undergone this analysis, we would be happy to connect you.

Beware of the IRS and DOL

Four Red Flags They Seek on Form 5500

The Form 5500 is an ERISA requirement for retirement plans to report and disclose operating procedures. Advisors use this to confirm that plans are managed according to ERISA standards. The form also allows individuals access to information, protecting the rights and benefits of the plan participants and beneficiaries covered under the plan.

  1. Make sure you are compliant. Be aware of red flags that the IRS and DOL look for on Form 5500 filings:
    1. Not making participant deferral remittances “as soon as administratively possible” is considered a fiduciary breach and can make the plan subject to penalties and potentially disqualification. Delinquent remittances are considered to be loans of plan assets to the sponsoring company.
    2. An ERISA fidelity bond (not to be confused with fiduciary insurance) is a requirement. This bond protects participant assets from being mishandled, and every person who may handle plan assets or deferrals must be covered.
    3. Loans in default for participants that are not continuing loan repayments, or loans that are 90 days in arrears, are a fiduciary breach that can make the plan subject to penalties and disqualification.
    4. Corrective distributions, return of excess deferrals and excess contributions, along with any gains attributed must be distributed in a timely manner (typically two and a half months after the plan year ends). In some cases these fiduciary breaches can be self-corrected if done within the same plan year in which they occurred, and may be considered additional breaches if they extend beyond the current plan year.

This is a partial, non-exhaustive list of common Form 5500 red flags. If you’re concerned about ERISA compliance, contact your advisor sooner, rather than later.

For more background on the Form 5500, visit the Society for Human Resource Management online. See “Regulatory 5500: What is Form 5500, and where are instructions for completing it?

November 2018 Webinar

Join us for our next webinar, “Employee Financial Wellness Without Breaking the Benefits Bank.” Click here to register for Wednesday, November 14, 2018 at 10:00 AM Eastern/7:00 AM Pacific or here to register for Thursday, November 15, 2018 at 2:00 PM Eastern/11:00 AM Pacific.

Americans need to save for retirement and employer sponsored defined contribution plans are intended to make that task easier. BUT retirement is not the only financial burden that needs their attention. Proactive plan design can help your employees improve their financial wellness and get them on the road to retirement readiness.

With that in mind, we don’t live in a world of unlimited budgets. Join SRP Managing Director Phil Senderowitz, CFA, CFP® for a discussion of cutting edge plan design concepts that go beyond the traditional automatic enrollment and automatic escalation and stay within the bounds of limited benefits budgets.

October 2018 Webinar

Join us on Monday, October 22, 2018 at 1:00 PM CST for our webinar “DC and the States Set Their Sights on Retirement Plans: What Could It Mean For You?” Click here to register.

The Honorable Bradford P. Campbell will be presenting – DC and the States Set Their Sights on Retirement Plans: What Could It Mean For You?

Mr. Campbell is a nationally-recognized figure in employer-sponsored retirement plans. He served as Assistant Secretary of Labor for Employee Benefits and head of the Employee Benefits Security Administration from 2006-2009 (nominated by President George W. Bush). As ERISA’s former “top cop” and primary Federal regulator, he provides unique insight and knowledge across a broad range of ERISA issues, and also serves as an expert witness in ERISA litigation. Brad has been listed as one of the 100 Most Influential Persons in Defined Contribution by 401kWire and has been listed as one of the top 15 ERISA attorneys in the country by a poll of the National Association of Plan Advisors. Brad Campbell is sponsored by T. Rowe Price.

SRP will be offering 1 hr of SHRM CE for attending this webinar.