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FOR MANY SMALL
businesses, one of the greatest deterrents to offering a
401(k) is the difficulty in satisfying certain IRS
non-discrimination requirements.
With a traditional 401(k) plan, the IRS requires 401(k)
plan sponsors to conduct annual non-discrimination
assessments called the Average Deferral Percentage
(ADP), Actual Contribution Percentage (ACP), and Top
Heavy tests. The purpose is to monitor how much business
owners and other highly paid employees are contributing
to their company’s plan, in order to ensure that total
contributions do not become too heavily skewed towards a
company’s highest earners. Unfortunately, passing these
tests can pose a problem for small- to medium-sized
businesses.
A Safe Harbor 401(k) option can be an attractive
alternative. This option enables owners of small
businesses to satisfy IRS requirements automatically—by
simply offering a mandatory contribution to their
employees’ accounts. Not only does the Safe Harbor
401(k) enable business owners and their key employees to
maximize their personal retirement savings, it also
eliminates the need to manage troublesome compliance
testing every year.
Here
are some additional benefits that a Safe Harbor 401(k)
option offers:
·
More
freedom to maximize 401(k) contributions
Business owners and key employees can contribute the
maximum salary contribution without having to worry
about employee participation requirements or failing
non-discrimination tests.
·
The
business-owner will receive the largest benefit
A Safe Harbor 401(k) option, compared to other
types of plans, offers business owners a greater
percentage of contributions made to the plan. Take a
look at the following hypothetical illustration of a
Safe Harbor 401(k) option with four participants to see
how the owner might benefit.
Matching Total Contribu-
Potential Safe Harbor candidates
A Safe
Harbor 401(k) option typically appeals to owners of
small businesses with less than 15 employees. Good
candidates typically include law firms, medical
practices, CPA firms, and architectural firms—all
businesses with highly paid individuals. To determine
whether a Safe Harbor 401(k) option might work, consider
if the business owner:
·
Would
like the opportunity to save in excess of $15,500
annually;
·
Has
less than 15 employees; and
·
Is
looking for low-cost ways to save on taxes.
If the answer is
YES,
a Safe Harbor 401(k) option might be right.
Key facts about a Safe Harbor 401(k) option
§
Salary deferrals:
All salary deferrals for the employer and employees are
capped at the annual contribution limit: $15,500 in
2007.
§
Catch-up contributions:
A catch-up contribution (deferral from pay) is available
for anyone who will or has attained the age 50 or older
in the calendar year. In 2007, the catch-up contribution
is $5,000.
§
Mandatory employer Safe Harbor contributions: There are two types of mandatory employer Safe Harbor
Contributions. When either is chosen, the Plan will
automatically pass both ADP and ACP tests, as well as
Top Heavy testing.
|
Matching Contribution |
Non-Elective Contribution |
|
Dollar for dollar (100%) match on the first 4%,
5% or 6% of deferred compensation, as elected,
for all participants who make 401(k) deferrals.
|
A contribution of 3% of compensation must be
allocated at the end of the Plan Year for all
employees who meet the Plan’s eligibility
requirements. |
§
Additional employer contributions:
The employer may wish to make additional employer
contributions above and beyond the required Safe Harbor
contributions. These contributions can be subject to a
vesting schedule at no additional cost.
Note: Additional contributions in excess of
safe harbor contributions may require the plan to
satisfy IRS non-discrimination requirements.
§
Vesting:
Mandatory employer matching or non-elective
contributions, adjusted for earnings or losses, are 100%
vested.
§
Notification:
Employer must provide notice to employees in writing
thirty days prior to plan start, and again prior to each
year the plan remains a Safe Harbor Plan. This notice
must disclose, among other Safe Harbor Plan features,
the contributions that will be made under the plan.
§
Minimum three-month plan year for first year:
To begin a plan for the current year, the plan must be
established and employees notified before October 1st
of the current year.
§
Converting a traditional 401(k) to a Safe Harbor option:
To change your existing 401(k) plan to a Safe Harbor
Plan, the plan must be established and employees
notified before January 1 of the next year.
For more detailed
information, contact the Polaris401(k) Sales Desk at
877-814-401k or your Polaris Wholesaler at 888-502-2900.
A
prospectus for the underlying investment options is
available by calling 877-814-401k. The prospectus
contains the investment objectives, risks, fees,
charges, expenses and other information regarding the
underlying investment options, which should be
considered carefully before investing. Clients should
read the prospectus carefully before investing. The
unallocated group variable annuity funding Polaris401(k)
is an unregistered product without a contract
prospectus.
This material does not constitute an offer to sell. Participation
in the Polaris401(k) plan is contingent upon the
applicant satisfying minimum plan standards and
qualifications. The group variable annuity funding
Polaris401(k) is issued by AIG SunAmerica Life Assurance
Company in Delaware. The product is not available in the
state of New York. AIG SunAmerica Life is a subsidiary
of AIG Retirement Services, Inc. and a member of the
American International Group, Inc. (AIG) family of
financial services companies. Investment involves
financial risk, including possible loss of principal.
Investment return and principal value will fluctuate.
The contract and/or participant’s account value, when
redeemed, may be worth more or less than the original
investment. The provisions of the plan may differ from
the contract. Should such differences occur, the plan
provisions will take precedence. Form: AN-940 (9/99)
Distributed by AIG SunAmerica Capital Services, Inc.,
21650 Oxnard Street Woodland Hills, CA 91367
1.800.445.7862.
Not FDIC or NCUA/NCUSIF Insured. No
Bank or Credit Union Guarantee. May Lose Value.
Polaris® and SunAmerica® are
registered trademarks of American International Group,
Inc. © 2007 American International Group, Inc. All
rights reserved.
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