Cash or deferred retirement plans, more commonly referred to as 401(k) plans, have become the backbone of the private pension system in America. They long ago replaced employer-sponsored pension plans as the most common vehicle for retirement savings.
These plans, which are primarily funded by employee contributions, typically give employees more control, allowing them to direct their own investments and providing more access to their money in times of financial need. But workers can also choose whether or not they want to participate at all. According to the Department of Labor, approximately one-third of eligible employees do not participate in their company’s 401(k) plan.
There are numerous reasons why expanding participation is desirable. Let’s look at some of those reasons and discuss ways of increasing 401(k) participation and retirement savings.
Advantages of Increased Participation
Many workers have seen a significant decline in the value of their 401(k) accounts in recent years not only from investment losses but also from hardship distributions they took in order to pay their mortgage, medical bills or college tuition. That’s why now, more than ever, it’s essential that employees rebuild these accounts so they’ll have enough to live on when they retire and have funds available in case of emergency. For many, a 401(k) account will be the only source of income they have to supplement social security benefits.
An elderly population without sufficient sources of income would create an economic burden on society, increasing the need for taxpayer-funded financial assistance. Retirement savings, therefore, is beneficial to society as a whole, and to the strength and soundness of our economy.
Here are some other benefits associated with enhanced 401(k) participation:
- Studies have shown that retirement plan participation and satisfaction helps to retain valued employees and keep them happy. That translates into reduced costs to employers for employee replacement and helps keep the business running smoothly. Plan features can have an impact on overall satisfaction with the plan, as discussed below.
- 401(k) plans must pass an annual nondiscrimination test, unless the employer provides minimum contributions as in a safe harbor 401(k) plan. The test ensures that highly compensated employees (HCEs) are not participating in the plan to a far greater extent than non-HCEs. HCEs are employees who own more than 5% of the company or who earned over $110,000 in the prior plan year (increasing to $115,000 as of 2012). In most cases, the more the non-HCEs contribute to the plan the more the HCEs are allowed to contribute under the test. Consequently, encouraging participation by lower-paid employees may directly benefit the HCEs each year.
- Certain fees associated with operating a plan may be reduced as a result of increased participation. Higher asset levels could make a plan eligible for lower investment fees. And, additional participants may help spread out administrative costs where they are paid from plan assets.
In many ways, increasing the level of employee participation is a win-win situation for everyone.
Methods for Increasing Participation
A number of factors can influence an employee’s decision of how much, if anything, to contribute to the plan. Each employer should determine which of the following factors are most relevant for its particular situation.
Relaxed Eligibility Requirements
A 401(k) plan can require up to one year of service and attainment of age 21 before entering the plan. Participation can be further delayed by periodic entry dates (quarterly, semi-annually, etc.). These restrictions tend to discourage participation since a new employee is more likely to be enthusiastic about the plan when first hired than after a year or more of not being involved. It’s also easier to explain the plan to new employees when you first have their attention. The longer the wait to enter the plan the more time there is for interest to be lost.
Relaxed eligibility provisions should have no negative impact on 401(k) contribution nondiscrimination testing since early entrants can be eliminated from the test. The age and/or service requirements can be reduced or eliminated altogether and entry dates can be more frequent, such as monthly or immediate.
Automatic Enrollment
Studies have shown that participation rates can increase by as much as 34% by adding automatic enrollment provisions to a 401(k) plan. Under these provisions employees are automatically enrolled in the plan when they become eligible unless they elect not to participate. The plan establishes a default contribution rate, which can remain constant or increase in future years. An increasing contribution rate is another way to maximize retirement savings. Workers who are automatically enrolled have 90 days to cancel the arrangement and have their contributions refunded without penalty.
A Qualified Automatic Contribution Arrangement is an automatic enrollment provision with certain employee and employer contribution requirements, which exempts the plan from the annual nondiscrimination testing (similar to a safe harbor 401(k) plan). The employee deferral rate must be at least 3% of compensation to start, and increase to at least 6% by the fifth year of participation, not to exceed 10% of compensation. Employees always have the ability to change the rate by making an affirmative election.
The employer must make either a 3% nonelective contribution for each eligible employee or a matching contribution equal to 100% of the first 1% of compensation deferred plus 50% of the next 5% deferred for a maximum matching contribution of 3.5% of compensation. This required employer contribution must be fully vested after no more than two years of service.
Automatically enrolled employees who do not complete an investment election form will have their money put into a default investment. Plan fiduciaries can limit their liability if the default investment meets certain rules which would classify it as a Qualified Default Investment Alternative. The rules are designed to provide long-term growth while minimizing the risk of large losses.
Annual notices are required for Qualified Automatic Contribution Arrangements and Qualified Default Investment Alternatives providing information about the arrangement and the default investment, and explaining an employee’s right to make changes through an affirmation election or elect not to participate at all.
An Eligible Automatic Contribution Arrangement is another form of automatic enrollment which does not require employer contributions but does require an annual notice. Although it does not exempt the plan from nondiscrimination testing, it extends the correction period for a failed test from 2½ months to 6 months after the end of the plan year.
Matching Contributions
Many participants base their salary deferral decision on the extent to which their contributions will be matched by the employer. The absence of a match will discourage participation. The formula can be limited to a maximum deferral percentage, and a common formula is 50% of deferrals up to 6% of compensation. Matching 100% up to 3% of compensation results in the same maximum outlay to the employer but will be less effective at increasing employee deferral rates because fewer employees will defer above the 3% matched rate. Each employer must consider what match formula will best serve the needs of the company.
Regular Employee Communications
Providing employees with information about the plan should not be a one-time event done only when they are hired. Follow-up communications can have a big impact on plan enrollment rates as they help remind employees of the importance of retirement savings as well as the specific features of the plan. This can be accomplished through periodic enrollment meetings, frequent distribution of enrollment forms and materials (including projected benefit illustrations) and newsletters about the plan. It’s a good idea to utilize electronic media as well as paper documents, and materials should be designed to be easily understood.
Enhanced Withdrawal Opportunities
Employees will be more comfortable contributing to a plan that gives them access to their money in times of financial need. Hardship distributions and loan provisions can provide this comfort. Hardship distribution rules for deferral accounts have been expanded in recent years and plan sponsors should determine if their plans have been updated to include them. In-service withdrawals of other accounts (e.g., match, profit sharing) could also be considered.
Frequent Election Periods
Each plan establishes the intervals at which participants can make changes to their deferral elections. Allowing them to discontinue or reduce their election frequently will make them less afraid to commit to a higher amount. Some plans offer changes on a monthly basis while others allow them with each paycheck, and most plans allow complete discontinuance at any time. Employers should make sure that the availability to change elections is not too frequent as to create an administrative burden for the company.
Adequate Investment Options
Having a broad range of investment funds from which to choose and the opportunity to make frequent exchanges helps to create enthusiasm for the plan. Funds should be monitored to make sure they remain competitive and relevant to current investment strategies.
Conclusion
Increasing employee participation in 401(k) plans should be an ongoing project for all plan sponsors. There are many benefits of doing so for the company and society. Employees are usually more content and committed to their jobs when they participate and are satisfied with the plan. Plan sponsors can do a number of things to encourage participation, from increasing the company match to having more flexible plan features. Employers should review their 401(k) plan provisions and policies to ensure they encourage maximum utilization of the plan by employees.
IRS and Social Security Annual Limits
Each year the U. S. government adjusts the limits for qualified plans and social security to reflect cost of living adjustments and changes in the law. Many of these limits are based on the “plan year.” The elective deferral and catch-up limits are always based on the calendar year. Here are the 2012 limits as well as prior year limits for comparative purposes:| Limit | 2012 | 2009-2011 |
|---|---|---|
| Maximum compensation limit | $250,000 | $245,000 |
| Defined contribution plan maximum contribution | $50,000 | $49,000 |
| Defined benefit plan maximum benefit | $200,000 | $195,000 |
| 401(k), 403(b) and 457 plan maximum elective deferrals | $17,000 | $16,500 |
| Catch-up contributions | $5,500 | $5,500 |
| SIMPLE plan maximum elective deferrals | $11,500 | $11,500 |
| Catch-up contributions | $2,500 | $2,500 |
| IRA maximum contributions | $5,000 | $5,000 |
| Catch-up contributions | $1,000 | $1,000 |
| Highly compensated employee threshold | $115,000 | $110,000 |
| Key employee (officer) threshold | $165,000 | $160,000 |
| Social security taxable wage base | $110,100 | $106,800 |
This newsletter is intended to provide general information on matters of interest in the area of qualified retirement plans and is distributed with the understanding that the publisher and distributor are not rendering legal, tax or other professional advice. Readers should not act or rely on any information in this newsletter without first seeking the advice of an independent tax advisor such as an attorney or CPA.
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Spring will arrive soon, promising new growth and a fresh beginning. It could also be the perfect time to do some spring cleaning for your plan. Let’s look at some areas that you might consider reviewing to ensure your retirement plan is operating efficiently.
Document your processes and procedures to make certain that plan tasks can be handled in case of any absences during an enrollment or pay period. Having a backup in place can prevent errors and delays that could lead to penalties.
Make sure to have a process in place to notify all new enrollments of their eligibility, regardless of whether the plan has automatic enrollment. Depending on the timing for plan entry, including the plan enrollment paperwork with the new hire paperwork could make entry easier for you. Please reach out with any questions regarding when an employee enters the plan.
Deposits of employee deferrals and loan repayments must be submitted to the plan as soon as possible to avoid penalties and corrections. For plans with less than 100 participants, a safe harbor rule allows deposits to be made within seven business days. For larger plans, the expectation is that the money will be deposited more quickly. Depositing these funds on the pay date will avoid the possibility of being late.
Monitoring deferral contribution limits during the calendar year will avoid refunds after year end. Make sure that your payroll is set up to stop deferrals once the limit is reached, including any catch-up contributions for those who have reached age 50.
To keep the plan in compliance, employer contributions must be deposited timely. Due dates are impacted by the type of contributions, required status and tax deductibility. If you have questions on when to deposit your employer contribution or even whether to make an employer contribution, please contact us.
Most plans must be covered by a fidelity bond. The minimum coverage is 10% of plan assets (rounded up to the next $1,000) and the maximum coverage is $500,000. Additional requirements apply to plans with employer securities or non-publicly traded assets. If your fidelity bond is insufficient, now is the time to raise the coverage. Inflation clauses that increase the bond amount as the plan assets increase can ensure that your bond coverage is always adequate. Contact us or your insurance provider if you don’t have a fidelity bond.
Another area to review is communication with participants. Helping your employees understand and trust the plan can increase their contributions. Be sure that your procedures include distributing any plan-related communications—including required participant notices.
Distributions also involve communication, including some of the aforementioned notices. Discussing distribution options with terminated participants, possibly as part of an exit interview, can help to reduce risk of lost participants. We’ll provide instruction on distributions for force-out distributions for small balances, testing corrections and required minimum distributions.
Your plan document is the legal source on how the plan should be administered; operating within its parameters is critical. It’s always worth taking time to review the plan document to ensure that you fully understand and are following its provisions. We’ll cover more details about the plan document later in this newsletter. We’re here to support you in keeping your plan in compliance. Please feel free to reach out with any questions.
Addressing the Challenge of Uncashed Distribution Checks
Uncashed distribution checks present a persistent and often overlooked challenge for retirement plan sponsors. Despite the best efforts of plan administrators, some participants fail to cash their distribution checks, leading to administrative burdens, fiduciary concerns and potential compliance issues. A recent publication by Retirement Management Services (RMS) sheds light on this issue and offers practical guidance for employers seeking to manage and mitigate the risks associated with uncashed checks.
Uncashed checks can arise for various reasons. Participants may have moved without updating their contact information, may not recognize the check as legitimate or may simply forget to deposit it. Regardless of the cause, the responsibility for addressing these uncashed funds ultimately falls on the plan sponsor. This creates a fiduciary obligation to act in the best interest of the participant while ensuring compliance with IRS and Department of Labor (DOL) regulations.
Sponsors are encouraged to maintain up-to-date contact information for all plan participants and to follow up promptly when checks remain uncashed. This may involve sending reminder letters, making phone calls or using certified mail to confirm receipt. In some cases, plan sponsors may also consider using electronic payment methods to reduce the likelihood of checks going uncashed in the first place.
The IRS and DOL have issued guidance on how to handle these situations, including the use of forfeiture accounts and escheatment to state unclaimed property programs. However, these options come with their own set of rules and potential pitfalls. For example, using a forfeiture account may require the plan document to explicitly allow for such treatment. Escheatment laws, which allow the government to assume control of unclaimed property, vary by state. As such, plan sponsors must carefully evaluate their options and consult with legal or compliance experts as needed.
Another important consideration is the documentation of all the efforts made to contact participants and resolve uncashed checks. Maintaining a clear audit trail can help demonstrate fiduciary prudence and protect the plan sponsor in the event of an audit or legal challenge. It is extremely important to have a written policy in place that outlines the steps to be taken when a check remains uncashed beyond a certain period.
By taking a proactive, well-documented and compliant approach, employers can fulfill their fiduciary duties, reduce administrative burdens and ensure that participants receive the benefits they are entitled to.
Source: Retirement Management Services – “Uncashed Distribution Checks” https://www.consultrms.com/Resources/59/Plan-Sponsor-Tips-and-Help/212/Uncashed-Distribution-Checks
Divorce and the Retirement Plan
When a participant in a qualified retirement plan undergoes a divorce, the participant’s account balance may be an asset that is split with the former spouse. As the plan exists for the exclusive benefit of its participants, a court order is required to transfer the participant’s benefits to the ex-spouse. Once approved by the plan administrator, this court order is called a Qualified Domestic Relations Order (QDRO).
The QDRO is a judgment, decree or order that must be issued by a state authority (usually a court). It can be part of the divorce settlement or it may be a separate document. Because of the serious nature of separating the participant’s account balance, the QDRO is more than just an agreement made by both parties — it must also be signed by a judge.
A QDRO will describe how to divide the participant’s account balance between the participant and the ex-spouse, referred to as the alternate payee. In some cases, a set dollar amount will be allocated; in others, a percentage of the account may be designated. In the latter case, the amount assigned to the alternate payee represents the given percentage of the participant’s total vested account balance as of a specified valuation date. This percentage will apply to all sources — such as deferrals, matching or profit sharing — unless specified by the QDRO. Any interest and investment gains/losses that accrue between this valuation date and the date the funds are separated into an account for the alternate payee are often factored into this final calculation. If the participant has outstanding loans, the QDRO will usually indicate how the loans are handled.
Contributions such as deferrals and employer matching made after the valuation date are credited to the participant’s account. Earnings and losses are applied to the account balances. Once the division is complete, the alternate payee’s portion (either dollars or shares) is transferred to an account in the alternate payee’s name.
If the plan allows, the alternate payee may be paid out in a cash or rollover distribution. Not all plan documents allow the alternate payee to receive a distribution before reaching normal retirement age, so it’s important to follow the terms of the plan. In addition, the QDRO cannot violate the provisions of the plan document by requiring a plan to provide an alternate payee or participant with any type or form of benefit not otherwise provided under the plan.
Although the most common situation for a QDRO is a divorce, it can be issued in other situations, such as to a dependent in the case of child support. If the alternate payee is a minor child or legally incompetent, the order can also require payment to the individual with legal responsibility for the alternate payee. If a participant or their attorney provides you with a copy of a divorce decree that references the plan or a QDRO, please contact us immediately, and we will work with you to ensure it meets the requirements of the plan.
Important note for defined benefit plans: For 2025 plan years, PBGC premiums are due one month earlier than usual, specifically on the 15th day of the ninth month after the beginning of the plan year. For calendar year plans, this means the premium is due on September 15, 2025, instead of the usual October 15. This accelerated deadline is due to a provision in the Bipartisan Budget Act of 2015.
Upcoming Compliance Deadlines for Calendar-Year Plans
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