Barry M. Fine of Finex Wealth Management presented information on combined qualified pension plans. These plans allow owners to make tax-deductible contributions up to $300,000-$450,000 by aggregating contributions from 401(k), profit sharing, pension, and medical benefit components. The presentation discussed plan design strategies like cross-testing and concurrent offsets to maximize benefits within qualification rules. Finex then provides plan administration and compliance services once designed.
Qualified Plan Includes PRIME - Pre-tax Healthcare Retirement Funding
1. COMBINED QUALIFIED PENSION PLAN
CONCURRENT OFFSET, AGGREGATED BENEFITS & POST RETIREMENT
MEDICAL BENEFITS UNDER IRC §401(H)
FINEX WEALTH MANAGEMENT, INC.
BARRY M. FINE
SENIOR FINANCIAL ADVISOR
FINEX WEALTH MANAGEMENT, INC.
1201 Broadway, Suite 803
New York, NY 10001
631.513.8822
An Independent Advanced Financial Strategies, Inc. Group Affiliate
*****
An Independent Tegrit Group Affiliate
2. Tax Planning Tips
o If needed, double the otherwise maximum tax deduction for 2013
o Excess loss carry back or carry forward.
o IRC § 404(a)(6) allows a cash basis tax payer to set-up Combined
Plans and/or add-on plan, now in 2013, and double the otherwise
maximum contribution/tax deduction, as long as, the plan is
funded on a timely basis.
COMBINED QUALIFIED PLANS
3. THE PURPOSE OF THIS PRESENTATION
o TO FAMILIARIZE YOU WITH COMBINED PLANS AS AUTHORIZED BY
THE PENSION PROTECTION ACT (PPA) OF 2006
o TO ASSIST YOU IN PLACING CLIENT ASSETS UNDER YOUR
MANAGEMENT.
o TO GROW AND PROTECT CLIENT ASSETS
o THE MAXIMUM TAX DEDUCTIBLE CONTRIBUTIONS ALLOWABLE
FOR OWNERS WITH THE LOWEST POSSIBLE PLAN COST(S)
o ALL OF THE CREDITOR PROTECTIONS AFFORDED QUALIFIED
PLANS UNDER FEDERAL LAW AND STATE LAWS i.e. 2005 BAPCPA*
*Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
TO GIVE YOU A COMPETITIVE ADVANTAGE
4. THE “GOLDEN RULES”
OF PLAN DESIGN
THERE ARE 3 MAIN “GOLDEN RULES”
MEETS THE CLIENT’S OBJECTIVES
MAKE SURE THE PLAN IS COST EFFECTIVE
MAKE IT EASY TO UNDERSTAND
WHAT IS THE BEST STARTING POINT FOR A PLAN
DESIGN?
MAXIMIZE OWNER BENEFITS - MINIMIZE PLAN COSTS
5. THE COMBINED QUALIFED PLAN
FIVE CONTRIBUTION COMPONENTS
1. The 401(k) Plan
2. The Profit Sharing Plan
25% of eligible compensation ($255,000 in 2013)
6% of eligible compensation (service entities <25 participants)
3. The Pension Plan
IRC § 412(e)(3), Traditional or Cash Balance
4. The Aggregated Benefit IRC §401(h)/Life Ins.
ALL CAN BE FUNDED 100%
6. 2013 Estimated Maximum Contributions*
Age 401k only 401k P/S Combined Qualified Plan
60-65 $23,000 $56,500 $300,000 - $450,000
55-59 $23,000 $56,500 $250,000 - $325,000
50-54 $23,000 $56,500 $200,000 - $275,000
45-49 $17,500 $51,000 $150,000 - $225,000
40-44 $17,500 $51,000 $125,000 - $200,000
* Inclusive of spousal benefits where applicable
ALL CAN BE FUNDED 100%
7. CROSS TESTING, CONCURRENT OFFSETS & AGGREGATED
INCIDENTAL BENEFITS
Keys to Max Contributions & Min Plan Costs
The Key to the Combination Plan Designs is doing it in a non-
discriminatory manner while satisfying IRC Sec 401(a)(26).
Cross Testing one plan with another establishes that the benefits at retirement
from both plans are essentially “equal in value” at the plan’s NRD.
Satisfying the Concurrent Offset Rules* allows us to create a “targeted
employees only plan”. We can count participants for testing who are fully
offset on a non-discriminatory basis.**
Aggregated Incidental Benefits allow us to increase the maximum pension
contribution up to 133% of the otherwise maximum contribution. The AIB is a
$$$ benefit that can be individually allocated as a 401h benefit, a life
insurance benefit or a combination of the two at the discretion of the
participant.
* §1.401(a)(26)-5(a)(2); 401(a)(26) = Minimum Participation Requirements
** the 40%/50 employee rule in 401(a)(26)
8. CASH BALANCE PLAN FUNDAMENTALS
o It looks like an old fashioned savings account
o Accounts are credited with:
o Employer Annual Contribution Credit e.g. $1,000
o Annual Interest Credit e.g. 5% = $50
o The Retirement Value is a Lump Sum, the Cash Balance!
o For Example, $1,000/ Year @ 5% over 40 years = $126,190
o Benefits are more easily understood by the participant
o Participant receives an annual statement that shows an account
balance
o Costs are Understandable by the Plan Sponsor
* §1.401(a)(26)-5(a)(2); 401(a)(26) = Minimum Participation Requirements
** the 40%/50 employee rule in 401(a)(26)
9. WHAT IS IRC §401h “PRIME” or
LIFE INSURANCE Aggregated Benefit ?
• THE POST RETIREMENT INDIVIDUAL MEDICAL EXPENSE BENEFIT
• PRIME BENEFITS ARE AUTHORIZED UNDER IRC §401(h)
A 401(h) account is a separate fund, or account, of a pension plan to be used exclusively
for retiree health benefits.
401(h) benefits are tax deductible subject to Final Regs Sec.404(a)(3)(f)(2); fully tax
deferred and payouts are tax free under IRC Sec. 105 or 106.
401(h) tax deductible contributions, as allocated, are subject to the annual addition limit
for Key Employees and HCEs ($50,000 in 2013)
401(h) benefits vest at the NRD for employees who go on pay status;
employee/participants leaving prior to NRD forfeit 100% of their benefit
IRC § 401(h) FUNDS NOT USED FOR BENEFITS REVERT TO THE COMPANY
10. Annual Compliance Testing and Government Reporting
Monitoring of Qualification requirements (§401).
Contribution deductibility calculations (§404).
Minimum Participation and Coverage testing (§410)
Monitoring of Minimum Vesting Standards (§411).
Monitor compliance with Definitions and Special Rules (§414)
Annual addition of benefits and allocations testing (§415).
Top heavy testing (§416).
ADP/ACP testing (applicable to 401(k) plans).
Preparation of DOL/IRS Form 5500 and related schedules.
Preparation of Summary Annual Report for participants.
Preparation of appropriate PBGC form (for defined benefit plans only).
The GATEWAY CONTRIBUTION @ 7.5% DOES TRIPLE DUTY, it covers the:
Profit Sharing Safe Harbor
Top Heavy Safe Harbor
The Gateway @ 7.5%
Concurrent Offset Method & Aggregated Benefits Utilized in Proformas
12. WHO SHOULD CONSIDER Immediate 2013 Tax Benefits
A COMBINED QUALIFIED PLAN DESIGN
Owners/professionals seeking a higher contribution/tax deduction than
the traditional 401k profit sharing maximum of $50,000 ($55,500 with
Catch-up).
Highly profitable companies of all types and sizes.
Successful family businesses and closely-held businesses.
CPA and law firms, medical groups and professional firms.
Older owners who need to squeeze 20 years of retirement saving into 5 to
10 years.
Owners/partners looking for a way to fund a buy-sell or stock redemption
agreement on a tax deductible basis.
Wealthy owners and professionals with charitable giving intentions
stymied by the limitations on tax deductibility.
2012 Deductions Still Available Through Tax File Extensions Only
13. ABOUT FINEX WEALTH MANAGEMENT, INC.
o FWM is an independent, national, fee based third party administrator
providing consulting, design and administrative services to plan sponsors and
their advisors across the United States.
o FWM partners with RIA’s, Agencies, Independent Advisors and sells any
form of investment or insurance product and renders investment advice.
o FWM members have over 40 years of experience in financial services, plan
benefits and administrative services.
o FWM plan designs are actuarially certified and come with IRS favorable letter
of determination.
o FWM provides comprehensive legal documentation, trust accounting,
recordkeeping, benefit statements, plan reporting and governmental filings.
o FWM is an independent Tegrit Group affiliate; Tegrit has been awarded the
CEFEX certification for adhering to the American Society of Pension
Professionals & Actuaries (ASPPA) Standard of Practice.
2012 Deductions Still Available Through Tax File Extensions Only
14. BARRY M. FINE
SENIOR FINANCIAL ADVISOR
FINEX WEALTH MANAGEMENT, INC.
1201 Broadway, Suite 803
New York, NY 10001
631.513.8822
An Independent Advanced Financial Strategies, Inc. Group Affiliate
*****
PLAN DESIGN AND PROPOSALS
AVAILABLE UPON RECEIPT OF CENSUS