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National Save for Retirement Week
(10/17/2011 - 10/21/2011) |
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| Fall 2011 |
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| Volume 5/Issue 4 |
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| Form 5500 Deadline Chart |
Plan Year End Date |
Un-Extended Due Date |
Corporate Extension Due Date |
Form 5558 Extended Due Date |
9/30/2011 |
4/30/2012 |
6/15/2012 |
7/15/2012 |
10/31/2011 |
5/31/2012 |
7/15/2012 |
8/15/2012 |
11/30/2011 |
6/30/2012 |
8/15/2012 |
9/15/2012 |
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| Deadline for Deposit of Employer Contributions for Incorporated Businesses |
| * Assumes the Plan Year End and the Corporate Year End are the same |
Corporate & Plan Year End Date* |
Un-Extended Due Date |
Corporate Extension Due Date |
9/30/2011 |
12/15/2011 |
6/15/2012 |
10/31/2011 |
1/15/2012 |
7/15/2012 |
11/30/2011 |
2/15/2012 |
8/15/2012 |
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| Failed ADP/ACP Corrective Distribution Deadline Chart (to avoid 10% excise tax) |
| * Not applicable to Safe Harbor Plans and Eligible Automatic Contribution Arrangements (EACA’s) |
Corporate & Plan Year End Date* |
Excess Removal Date |
9/30/2011 |
12/15/2011 |
10/31/2011 |
1/15/2012 |
11/30/2011 |
2/15/2012 |
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| 402(g) Limit Corrections –The 401(k) maximum deferral amount for 2010 was $16,500 and the catch-up contribution was $5,500 for participants that have attained age 50. Corrective distributions for excess deferrals must be made by April 15th after the calendar year following the year in which the excess occurred. Failure to make corrections by this deadline will result in the participant being taxed on the excess deferral in both 2010 and in the year distributed. |
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| Amendment Deadlines |
| Amendment Deadlines for changes effective either 12/31/2011 or 1/1/2012 is November 1, 2011. |
| This date is also for amending your plan to add/remove Safe Harbor Matching or Non-Elective effective 1/1/2012. |
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— Casey Gustafson, Retirement Plan Administrator |
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The recent debt ceiling deal which staved off the threat of default for the time being has brought increased attention to the U.S. national debt issue and has set December 23rd of this year as a deadline by which Congress must approve some $1.5 trillion in deficit reductions. Combining this with a sluggish national economy and deep-seated political divisions has set the stage for a major showdown on tax reform in Washington.
As the debate around the deficit reduction turns to tax reform, the tax expenditures (deductions) for private retirement plans (while generally overstated) have not gone unnoticed. Tax deductions for defined contribution retirement plans are estimated by the Joint Committee on Taxation to cost the Treasury $212.2 billion between 2010 and 2014. This large number makes retirement savings expenditures an attractive target for policymakers looking to trim the deficit.
It is important to note that the Joint Committee on Taxation estimates do not tell the whole story. Tax expenditures for retirement savings are treated in those estimates as tax breaks. In the case of pre-tax retirement plan contributions, they are not so much “tax breaks” as they are “tax deferrals” which will end up being taxed upon distribution. This misclassification means that the amount of lost revenue to the Treasury is drastically overstated in these estimates. According to an American Society of Pension Professionals and Actuaries study, the cost is really as much as 77% lower than the Joint Committee on Taxation estimates. Unfortunately for the uninformed, a simple reading of the numbers makes retirement tax expenditures look much larger than they really are.
The Proposals:
Several notable proposals aimed at reducing the budget deficit have recently surfaced that would roll back some of the incentives behind employer-sponsored retirement plans. In fact, on September 15 the Senate Finance Committee sought to explore some of these proposals in its hearing entitled “Tax Reform Options: Promoting Retirement Security.” The following are a few of the more significant proposals that have been discussed.
The first type of proposal is aimed at the annual contribution limits to defined contribution retirement plans. Under one of these proposals, maximum contributions would be limited to the lesser of $20,000 or 20% of an employee’s compensation. This is a significant curtailment of the current contribution limits which cap contributions at the lesser of $49,000 or 100% of compensation.
Another proposal which has been floated by the Brookings Institution, would replace the current deduction with a tax credit in the form of a matching contribution from the federal government. According to the Brookings Institution, a 30 percent match under this proposal would reduce the tax benefits for upper income earners while increasing the benefit for lower income earners yet remaining revenue neutral to the federal government.
Perhaps the most supported proposal would be to change the way cost of living adjustments (COLAs) are computed. Under this proposal, the COLAs which are used to set annual contribution limits would be linked to the “chained Consumer Price Index (CPI),” a different, and slower-growing, measure than the current CPI being used. While effective in reducing tax expenditures, this proposal would undoubtedly harm retirement readiness by decreasing both employer and employee contributions.
Closing Thoughts:
While dealing with the ever-increasing national debt is a serious issue and is rightly a top priority in Washington, it is important that policymakers not try to fix it by dismantling or eroding America’s already successful private retirement system. The unfortunate effect of each of the proposals described above would be to discourage business owners from establishing and maintaining retirement plans for their employees. Current law already imposes strict nondiscrimination and coverage rules on contributions which are aimed at ensuring that workers of all income levels receive a fair share of benefits. Reducing the contribution limits or eliminating the tax deduction would undoubtedly serve to reduce the existing tax incentives for business owners leading to undesirable results. Without attractive tax incentives, business owners and decision makers may be inclined to reduce their employer matching or profit sharing contributions or even make the decision to stop offering a retirement plan altogether. This would serve to undermine the goal of promoting retirement savings for American workers. Current policy strikes a good balance between employer and employee incentives and has helped millions of Americans successfully prepare for retirement. |
— Juhl Stoesz, Associate Counsel
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| Notes from the President - Gary Zurek |
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As I mentioned in our summer edition of the Translator, TSC now has a blog; RetirementVoice.com, which has been up and running since June 22, 2011.
Through RetirementVoice.com we hope to expand our efforts to advise our clients, retirement plan sponsors, and financial advisers of current events in the retirement plan field as they happen.
Our post of September 16, 2011 entitled “Straightening Out the Facts on the 401(k)” is one in which we commented on an article in the Minneapolis Star Tribune that attacked the 401(k) plan as an inadequate vehicle for retirement readiness. We adamantly disagreed.
Despite the 30% drop in the stock market in 2008, 401(k) plans have enabled participants to accumulate retirement savings in excess of $3 trillion. While some would like to treat the 401(k) as the evil stepchild of the traditional pension plan, it has encouraged millions of Americans to accumulate trillions of dollars that will provide a much needed supplement to their social security benefits once they have reached retirement age.
We cannot turn back the hands of time, nor should we want to; the private sector pension plan is a thing of the past for most employees.
As a wise man once said; “If it is to be, it’s up to me”. We all must take charge of our own retirement benefits. Through proper planning and guidance from retirement plan specialists it is possible to achieve a successful retirement plan. It is up to plan sponsors, plan trustees, financial advisers, and retirement plan consultants to continuously encourage all employees to participate in their company’s retirement plan.
Gary Zurek, President
Contact Us 
Are you ready for retirement? Statistics show that a significant number of people are not preparing for retirement.
Four facts on retirement readiness:
- Generations differ on how the stock market affects them.
- The 401(k) retirement plan is not broken.
- Retirement planning is similar to running in a Mud Run.
- An annual 401(k) Health Check is highly recommended for healthy retirement.
Check out these facts and more on RetirmentVoice.com. |
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Both in-service withdrawals and hardship withdrawals may be available to participants in a plan if they have not terminated employment. However, their application and the regulations that apply to them have significant differences. The following chart is intended to list which accounts are available for distribution under each type of withdrawal under the regulations. In addition to how the regulations apply, the plan document may (and often does) place additional restrictions on the availability of these types of withdrawals. For participants, the best place to look for guidance is their Summary Plan Description.
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In-Service Withdrawals |
Hardship Withdrawals |
| EE 401(k) Accounts |
Not allowed until age 59.5 |
Yes, if plan document allows |
| EE Roth Accounts |
Not allowed until age 59.5 |
Yes, if plan document allows |
| ER Safe Harbor Accounts |
Not allowed until age 59.5 |
Not allowed |
| ER Matching Accounts |
Yes, if plan document allows |
Yes, if plan document allows |
| ER Profit Sharing Accts |
Yes, if plan document allows |
Yes, if plan document allows |
| ER Money Purchase Accts |
Not allowed until age 62 |
Not allowed |
| EE Rollover Accounts |
Yes, if plan document allows |
Yes, if plan document allows |
| ER Prevailing Wage Accounts |
Not allowed until age 59.5 |
Not allowed |
Hardship withdrawals require an employee to cease making employee 401(k) deferrals for 6 months following the withdrawal if any of the proceeds for the distribution were made from employee 401(k) accounts. For questions regarding your plan’s in-service withdrawal and/or hardship withdrawal provisions, please contact your TSC Retirement Plan Administrator. |
— Matthew Slyter, VP Operations |
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Company ABC’s 401(k) plan document contains an in-service withdrawal provision and a hardship withdrawal provision. The plan’s in-service withdrawal provision allows for participants still employed to obtain a distribution from fully vested employer accounts at age 55 or older. The plan’s hardship withdrawal provisions allow participants to obtain a withdrawal from employee pre-tax 401(k) account and/or employee rollover accounts.
ABC Company employee Bob is 58 years old and has the following account balances:
| 401(k) Pre-Tax |
$10,000 |
| 401(k) Roth |
$2,000 |
| 100% vested ER Match |
$5,000 |
| 40% vested ER Profit Sharing |
$3,000 |
Total of all accounts |
$20,000 |
How much can Bob receive if he were to apply for an in-service withdrawal?
1st correct response to this issue of the Translator Brain Teaser will receive a $25 American Express gift card. Simply click "reply" to this email and send us your answer. |
Matthew Slyter, VP Operations |
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What is an Outside Trustee?
Typically an owner or officer of the company sponsoring the plan (the employer) is named as the trustee of the plan. On occasion, the employer may wish to name an external trust company as the trustee. This entity is often referred to as an outside trustee.
Generally the trust company limits its role to that of a “directed trustee”. In other words, the outside trustee acts under the direction of the employer. In this role, the outside trustee is not responsible for any investment decisions, only for following the directions of the employer.
A directed trustee can provide some additional protection to the employer when, in its capacity as the trustee, it objects to transactions that could fall short of the fiduciary standard. However, the employer’s duties as a fiduciary under ERISA remain:
- The duty to act solely in the interest of plan participants and beneficiaries;.
- The duty to act for the exclusive purpose of providing benefits to plan participants and their beneficiaries;
- The duty to exercise the care, skill, prudence, and diligence of a prudent person that is familiar with such matters;
- The duty to diversify plan investments so as to minimize the risk of large losses; and
- The duty to act in accord with the documents and instruments governing the plan.
With the exception of number 4 above, which can in some cases be delegated to an investment manager or directed trustee, all of these duties are (and would remain) duties of the employer in its role as the administrator of the plan even if a trust company was named as the trustee.
Whether or not it is beneficial and/or necessary for the employer to have an outside trustee, it is important to note that the decision to appoint and retain a particular trustee is in itself a fiduciary decision. For more information, please click here. |
— Cynthia Mills, Legal Assistant
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National Save for Retirement Week |
October 16 - 22, 2011 |
Celebrating and promoting National Save for Retirement Week is a great opportunity to promote a culture of saving with your employees.
A Resolution has been passed by the Senate (S. Res. 266) calling on the week of October 16, 2011 as National Save for Retirement Week. The Resolution was introduced by Senator Kent Conrad (D-ND) and cosponsored by Senators Mike Enzi (R-WY) and Ben Cardin (D-MD).
Goals for National Save for Retirement Week:
- Make employees more aware of how critical it is to save now for their financial future.
- Promote the benefits of getting started saving for retirement today
- Encourage employees to take full advantage of their employer-sponsored plans by increasing their contributions
The TSC 401(k) Health Check™ can promote employees’ participation and saving by showing them their estimated amount of income at retirement. This will allow for them to take the appropriate steps to meet their retirement goals.
Check out our Blog regarding NS4RW on RetirementVoice.com |
— Jennifer Arntson, Client Relations Manager
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Can a company merger, acquisition, spin-off, sale (M&A) or a change of ownership affect your company’s retirement plan? |
There are many legal complications that companies face in M&A or change of ownership situations. Employee benefit plan matters are often overlooked when one of these transactions occur. However, the way the transaction is structured and possibly the value of the company being purchased or acquired can be affected by benefit plan issues.
When TSC is not informed about these business changes until after the transaction has taken place, the options regarding the retirement plan become limited. Consequently, the focus turns toward identifying problems that may already exist or that were created as a result of the M&A or change of ownership. Failing to consider the effects of an M&A on employee benefit plans could result in unexpected additional cost and liability for the business acquiring another business. Change of ownership can have drastic effects on allowable contribution rates and testing results.
In most instances, retirement plan complications can be avoided if TSC is advised of the specifics of the transaction in advance. We will be able to inform you of the options available to you and ensure that your retirement plan document is drafted to remain in compliance and to reflect your decisions. We encourage you to contact your TSC Retirement Plan Administrator in advance of these types of business transactions so that we can provide the best possible service and advice to you. |
— Karen Thompson, Retirement Plan Administrator Manager |
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TSC fields "The Sludge Crew" for 2011 MS Mud Run
On Saturday, September 10th, thirteen TSC employees and friends participated in the 2nd Annual MS Mud Run Twin Cities at Trollhaugen Ski Resort in Dresser, Wisconsin.
The National MS Society event is a fundraiser for important research into a cure for Multiple Sclerosis. An estimated 3,000 participants raised over $500,000.00 in this year’s event. Several members of the TSC team have family or friends suffering from this debilitating disease.
The physically challenging course is 6.2 miles of hills, crawling through mud, wading through waist-deep water, and completing various obstacles which include scaling walls and traversing rope bridges. Many regular “mudders” who participate in these runs across the country describe the Twin Cities Mud Run as the most difficult course of them all!
Members of “The Sludge Crew”: (front row) Matt Berg, Juhl Stoesz, Dean Schwientek, Jennifer Arntson, Matt Slyter, Melissa Slyter, Dennis Culhane, Doris Conley, Casey Gustafson, (back row) Tucker Cleys, Brandon and Natalie Mortenson, Jason Bolstad,. |
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Lakeshirts, Inc.
Established in 1984, Lakeshirts is one of the leaders in the decorated apparel industry, servicing the Resort, College and K-12 markets. We focus on having the best garments, designs and customer service.
Decorating goods domestically allows us to ship over 70% of our orders within 24 hours and with minimums as low as 48 pieces, we are able to service all size customers - from Bass Pro to Bubba Gump Shrimp Company to the Statue of Liberty and everyone in between. We are licensed with more than 500 colleges and universities, including NCAA championship apparel. You’ll find us at the NCAA Final Four, BCS Championship and NCAA College World Series.
Located in Northern Minnesota, we employ more than 300 people, making us one of the largest employers in Detroit Lakes. |
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— Jeff Staley, Human Resources Manager |
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TSC Translator Contributing Staff Members |
Jennifer Arntson
Client Relationship Manager |
Karen Thompson
Retirement Plan Administrator Manager |
Casey Gustafson
Retirement Plan Administrator |
Beth Sheppard
Retirement Plan Administrator |
William Metrey
Client Relationship Manager |
Juhl Stoesz
Associate Counsel |
Dennis Culhane
Retirement Plan Administrator |
Cynthia Mills
Legal Assistant |
Dean Schwientek
Network Systems Admin |
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| Articles included in the TSC Translator are intended to provide general information about retirement plan developments and issues. The information provided should not be construed as legal or tax advice or opinion. Readers need to discuss specific factual situations confronting them with their retirement plan service providers and/or legal and tax advisors.
This email was sent by: TSC, Inc. 7300 Metro Blvd. Suite 450 Edina, MN 55439
If you do not wish to receive future email correspondence from TSC, Inc. please reply to this message and include the word UNSUBSCRIBE in the subject line. |
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