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401(k) Answer Book, 2019 Edition

401(k) Answer Book, 2019 Edition

By Empower Retirement
Format
Hardbound
$555.00

Hardbound

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Overview

Quite simply, the hunt for specific answers to important questions begins - and ends - with this clear, comprehensive resource.

401(k) Answer Book covers all aspects of plan design and administration, as well as the relationships of 401(k) plans with other types of retirement plans. When participants, sponsors, or service providers ask you questions, this book gives you the answers.

401(k) Answer Book provides coverage of 401(k) plan design, testing, taxation, reporting and disclosure, and termination, and brings you up to date on investment-related topics and regulatory guidance.

Written by the experts at Empower Retirement, this comprehensive one-volume desk reference is a must have for pension administrators, benefits managers, fund managers, trustees, accountants, attorneys, human resource professionals, consultants, advisors, and anyone who deals professionally with 401(k) plans.

401(k) Answer Book, 2019 Edition is packed with special features, including:

  • A 401(k) Compliance Calendar
  • An IRS Rollover Chart
  • A chart of key participant disclosures and notices with cross-references to chapters for detailed information
  • Up-to-date sample notice templates for safe harbor 401(k) plan notices, automatic enrollment notices, and QDIA notices (appendices A, B, and C)
  • Sample Section 404(c) checklist
  • Information on rollover rights of nonspouse beneficiaries
  • Model notice for an EIAA
  • Practical information on partial plan terminations, plan mergers, and spinoffs
  • Fiduciary guidelines for selecting an annuity payment option
  • And much more!

Previous Edition: 401(k) Answer Book, 2018 Edition, ISBN 9781454883593

Last Updated 09/14/2018
Update Frequency Published annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781454899518
SKU 10044877-0003
Table of Contents

1. Introduction

  • History of 401(k) Plans
  • Advantages and Disadvantages of 401(k) Plans
  • Taxes and 401(k) Plans
  • Analyzing the Roth 401(k) Option
  • Types of Entities That May Use 401(k) Plans
  • When a 401(k) Plan Is Appropriate
  • Multiemployer 401(k) Plans
  • Market for and Utilization of 401(k) Plans
  • Future of 401(k) Plans
  • Legislative and Regulatory Developments Affecting 401(k) Plans

2. 401(k) Plan Design

  • Design Options and Objectives
  • Types of 401(k) Plan Contributions and Automatic Contribution Arrangements
  • Basic Qualification Requirements
  • SIMPLE 401(k) Plans
  • Safe Harbor 401(k) Plans
  • Qualified Automatic Contribution Arrangements
  • Eligible Combined Plans

3. The 401(k) Plan Document

  • Plan Document Alternatives
  • Advance IRS Approval

4. Plan Services and Service Providers

  • 401(k) Plan Services
  • Selecting Plan Administration Services
  • Selecting Investment Services
  • Allocation of Earnings and Expenses
  • Payment of Fees and Expenses
  • DOL Interim Final Rule on Service Provider Fee Disclosure
  • Other Activity on Fee Disclosure
  • Legal and Regulatory Initiatives Concerning 401(k) Plan Fees

5. Fiduciary and Prohibited Transaction Rules

  • Fiduciary Issues
  • Prohibited Transactions
  • Managing Fiduciary Liability in a 401(k) Plan
  • Managing Personal Liability
  • The Voluntary Fiduciary Correction Program
  • Fiduciary Concerns Related to Specific Investment Products

6. Investing Plan Assets

  • Primary Asset Classes
  • Investment Vehicles
  • Separately Managed Accounts and Commingled Trust Funds
  • Asset Allocation Strategy
  • Managed Account Service
  • Employer Securities
  • Directed Trustee Considerations
  • 401(k) Stock Ownership Plans
  • Self-Directed Options
  • Investment Policies
  • Selecting and Monitoring Plan Investments
  • Mutual Fund Investigations
  • Investment Fees and Revenue Sharing

7. Participant Direction of Investments - ERISA Section 404(c)

  • Participant-Directed Plans
  • Broad Range of Investment Alternatives
  • Independent Exercise of Control
  • Employer Securities under ERISA Section 404(c)
  • Disclosure Requirements
  • Investment Change Frequency
  • Investment Elections
  • Fiduciary Liability Relief
  • Default Investments, Blackouts, and Changes to in Investment Options
  • Litigation Involving Participant-Directed Plans

8. Participant Communication and Education

  • An Effective 401(k) Communication Program
  • Department of Labor Guidance on Participant Investment Education
  • Individual Retirement Planning
  • Managing Investment Risk During Retirement

9. Contribution Limits

  • Limits on Elective Deferrals
  • Code Section 415 - Annual Addition Limits
  • Code Section 404 - Deduction Limits

10. Data for Nondiscrimination Testing

  • Who Is the Employer?
  • What Is a Plan?
  • Who Is an Employee?
  • Who Is a Highly Compensated Employee?
  • What Is Compensation?

11. Minimum Coverage Testing

  • Minimum Participation
  • Minimum Coverage
  • Correcting Minimum Coverage Failure

12. General Nondiscrimination Testing

  • Testing of Employer Nonelective Contributions
  • Permitted Disparity
  • Nondiscriminatory Availability of Benefits, Rights, and Features

13. ADP and ACP Testing

  • Avoiding ADP and ACP Testing
  • The Actual Deferral Percentage Test
  • The Actual Contribution Percentage Test

14. Top-Heavy Rules

  • Top-Heavy Testing
  • Minimum Vesting
  • Minimum Contributions
  • Top-Heavy Strategy

15. Participant Loans, Hardship Withdrawals, and In-Service Distributions

  • Participant Loans
  • Hardship Withdrawals of Elective Contributions
  • In-Service Distributions

16. Distributions Subsequent to Termination of Employment

  • Optional Forms of Benefit
  • Minimum Distribution Requirements
  • Participants Called to Active Military Duty
  • Rollover Rules
  • Withholding on Distributions
  • Claims for Benefits

17. Spousal Rights

  • Survivor Annuity Requirements
  • Qualified Domestic Relations Orders

18. Taxation of 401(k) Plans

  • Payroll Taxes
  • Taxation and Reporting of Distributions and Pre-Tax Contributions
  • Life Insurance
  • Loans
  • Distribution of Excess Deferrals
  • Distributions of Excess Contributions and Excess Aggregate Contributions
  • Taxation of Roth Distributions
  • Other Taxes
  • Filing Requirements for Distributions
  • Distribution Planning

19. Reporting and Disclosure

  • IRS and DOL Form 5500 Reporting
  • EFAST2
  • Special Filing Issues
  • Participant Disclosures
  • Use of Electronic Technology

20. Correcting 401(k) Plan Qualification Errors

  • Employee Plans Compliance Resolution System
  • Self-Correction Program
  • Voluntary Correction Program
  • Audit Closing Agreement Program

21. Plan Terminations, Mergers, Spin-Offs, and Abandoned Plans

  • Plan Terminations
  • Missing Participants
  • Partial Termination
  • Mergers and Spin-Offs
  • Plan Considerations During Major Business Transactions
  • Abandoned Plans

22. 401(k) Plan Alternatives

  • Individual Retirement Arrangements (IRAs)
  • Simplified Employee Pensions (SEPs) and Salary Reduction SEPs (SARSEPs)
  • SIMPLE IRAs and SIMPLE 401(k) Plans
  • Cash Balance Plans
  • Floor Offset Plans
  • Nonqualified Deferred Compensation (NQDC) Plans
  • Section 403(b) Plans - Tax-Sheltered Annuities
  • Section 457(b) Eligible Deferred Compensation Plans

APPENDICES

  • Sample Safe Harbor 401(k) Plan Notice
  • Automatic Contribution Arrangement Comparison Chart and Sample Notices
  • Automatic Contribution Arrangement Comparison Chart
  • Sample Notice for Plans with an Automatic Contribution Arrangement (Pre-PPA)
  • Sample Notice for Plans with an Eligible Automatic Contribution Arrangement (EACA)
  • Sample Notice for Plans with a Qualified Automatic Contribution Arrangement
  • (QACA)
  • Sample Notice for Safe Harbor QACA Plans with an Eligible Automatic Contribution Arrangement (EACA)
  • Sample Plan Sponsor Fiduciary Manual, Fiduciary Checklist, ERISA Section 404(c)
  • Compliance Checklist, and QDIA Notice
  • Sample Plan Sponsor Fiduciary Manual
  • Sample Plan Sponsor Fiduciary Checklist
  • Sample ERISA Section 404(c) Compliance Checklist
  • Sample Qualified Default Investment Alternative (QDIA) Notice
  • Determining Your Risk Tolerance and Asset Allocations
  • What Is Your Risk Tolerance?
  • Determine Your Investment Horizon
  • Asset Allocations
  • The Ten-Minute Retirement Planner
  • Key Indexed Limits (2010–2011)
  • Key Indexed Limits Affected by the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA)
  • DOL Model Blackout Notice
  • IRS Model Diversification Notice for Plans Holding Publicly Traded Employer Securities
  • Model Participant Disclosure Regarding Eligible Investment Advice Arrangements (EIAAs)
  • IRS Rollover Chart
  • 401(k) Plan Compliance Calendar
  • Other Deadlines Triggered by Plan Events or Design Features
  • DOL Model Comparative Chart
  • GLOSSARY

TABLES

  • Internal Revenue Code Sections
  • United States Code
  • ERISA
  • Pension Protection Act of 2006
  • Cases
  • Code of Federal Regulations
  • Treasury Regulations
  • Department of Labor Regulations, Opinions, and Field Bulletins
  • Miscellaneous IRS Announcements, Notices, Memoranda, Rulings, and Procedures
Volumes