Nov. 8, 1999
This Week, Ted Tackles:
Do I have to invest in the company if I'm in a money-purchase plan? … What if I'm being "cheated" out of my company match? … What's the difference between a 401(k) and a variable annuity? … What can I do if half the year I'm in a 401(k) and half not? … If I'm on long-term disability, can I contribute to my 401(k) plan? … There's no match to my 401(k), should I look for other ways to save?
Question: I'm in a pension plan. It's a money-purchase plan with pooled separate accounts. Can my employer require me to invest my money into the company? Or can I take the company's money home with me in my paycheck? May my employer select the financial institution or can I roll over 100% of my money into an IRA account during my 60-day election period preceding Jan. 1?
TB: With a money-purchase plan, the employer is required to contribute the amount defined in the plan. For example, if the contribution is equal to 5% of pay, the employer must contribute 5% of your pay to the plan. You aren't permitted to receive cash in lieu of the pension benefit. By the way, millions of employees would be thrilled to have their employer make such a contribution to a retirement plan for them.
The employer has full authority to select the financial institution and to control how this money is invested. It may also give participants the right to direct how this money will be invested, similar to the way most 401(k) plans operate, but it isn't required to do so. Money may not be withdrawn from a money-purchase plan until you leave your employer.
Question: I earn $6,250 every two weeks, and contribute 15% to my 401(k). In 5.3333 months, I "max-out" at $10,000. The company matches half of the first 6% that I contribute. At 5.333 months the match stopped, (at $1999.99). The match should total half of $9,000, which is 6% of my annual salary. It appears that I'm being "cheated" out of $2,500. Do I have any recourse?
TB: The answer depends upon the way the plan document is written. Your employer is required to continue making matching contributions after you stop contributing due to the $10,000 maximum, unless the document specifies that matching contributions will be made only during the period you are contributing. Most documents simply specify that the employer will match a certain percentage of pay. Your plan provides for a 50% match up to the first 6% of pay you contribute. Your employer should contribute 3% of your pay to the plan if you are employed for the entire year regardless of when you contribute your 6%, unless the document specifies that matching contributions will be made only during those pay periods when you contribute.
Many employers erroneously make matching contributions only for the period when an employee contributes either because they don't know better or because it is much easier to operate the plan in this manner. You're being penalized because you're putting your maximum contribution in the plan at a faster rate than 6% per pay period. An employee who does the reverse, that is, puts his contribution in during the last couple of months of the year, would have the same problem.
The amount of matching contributions employees receive shouldn't be governed by when they choose to make their contributions during the year. I suggest giving this answer to the person at your company who is responsible for overseeing your plan.
Question: Explain to me the difference between a 401(k) and a variable annuity. I'm presently in a variable annuity and want to know if 401(k)s have more advantages. I view my annuity as a retirement account. Can I change without penalties?
TB: A variable annuity is an investment vehicle. A 401(k) is a tax-qualified retirement plan. Contributions to a 401(k) plan may be invested in a variable annuity. Individuals may also buy variable annuities just like individuals may invest in mutual funds either inside a 401(k) or outside a 401(k).
You're permitted to put money into a 401(k) only if your employer offers this plan. If your employer offers a 401(k) and you haven't been contributing, putting your money into it should be a much better way to save for retirement than the variable annuity.
Here's why: First, the money you put into a 401(k) is pre-tax. Money you invest in a variable annuity outside a qualified retirement plan comes from your after-tax income. Next, your employer may match the contributions you put into a 401(k). The fees related to the investments in your 401(k) plan are usually considerably less than those with a variable annuity. You should be able to stop putting money into the variable annuity without triggering any penalties, however you cannot roll the money from the variable annuity into the 401(k). Leave the money you have already invested in the variable annuity and start contributing to a 401(k) if you are eligible to do so.
Question: I resigned from my old job on Sept. 30. My new job doesn't have a 401(k) plan. To reach the $10,000 limit, can I contribute the difference myself, into the 401(k) plan still held by my former employer? If so, how? If not, does that mean I should set up an IRA for the year? What would be the limit?
As you can tell, my real concern here is what to do in a situation where half the year I'm in a 401(k) program and half the year I'm not. I would like to reduce my tax liability as much as I can this year. I exercised some stock options and that equals taxable income. Please give me guidance in what approach would be most beneficial. At the most, I might have $2,000 contributed in the 401(k) this year.
TB: The only way to make contributions to a 401(k) is by having the money deducted from your paycheck. The fact that you were eligible to make contributions to a 401(k) for a portion of this year will affect your opportunity to make a tax-deductible contribution to an IRA. You will be able to do so only if your adjusted gross income is below the applicable threshold.
Frankly, I don't think there's much you can do at this stage to reduce the tax bite; however, you may want to seek advice from a personal tax expert.
Question: The company I work for has a 401(k) plan in which I participate to the max. Recently, I suffered an accident at work. After six months out, I was placed on long-term disability. My question is this: can I contribute to the plan myself even though there are no tax benefits? It really doesn't matter to me. My wife and I already have IRAs in place in which we contribute to the max, also.
TB: Legally pre-tax contributions to a 401(k) must be made via payroll deduction. There isn't any other alternative. Continue putting money into your IRAs and other investments such as mutual funds.
Question: I'm a blue-collar worker who is 36 years old. I've been adding money to my 401(k) for the past two years as my employer has just let union workers contribute to the plan. What's considered a good rate of return for a mutual fund? I'm in it for the long haul and hope to retire at age 56. Is this a possible scenario?
I put in the maximum allowed by law, about $7,750 a year, and there is NO company match. Should I look for other ways to invest or is this going to be enough? I live a very easy life and my needs are small. I'm hoping for some help, as I'm new at this.
TB: The investment return you can expect to receive over the long haul will be determined by the manner in which you decide to invest your money. You will receive the largest return over the next 20 years by investing most of your money in stock or growth funds; however, you must accept the ups and downs that occur with this type of investment. There will be periods when the value of your account drops. You need to hang in there during these periods to achieve the best results. You should expect an average annual return in the 9% to 10% range if you invest in this manner for a period of 20 years. Returns with this type of investment have been higher during the last few years, but you shouldn't expect a higher return.
Regarding the amount you'll need when you retire, you're doing a great job by saving the maximum amount. Keep it up. The best way to determine whether you'll have enough is to use one or more of the retirement calculators that are readily available on the Internet. To estimate how much your 401(k) plan will be worth when you retire, you can use the 401(k)alculator on this web site.
It takes a lot to retire at age 56 to provide the income you will need for 25-plus years particularly when you include the cost of medical care.
By the way, you mention that your plan does not include an employer match. For whatever it's worth, when employees are covered by a collective bargaining agreement, the employer can only offer a 401(k) plan that has been agreed on by both parties. The company could be cited for a violation of the labor laws if it offered you a 401(k) plan other than through the bargaining process. Therefore, the employer may not provide a matching contribution unless this is included in the labor contract which your union negotiations with the company. If you want a matching contribution, your union must include this request during the next contract negotiations. Of course, your fellow workers must also want an employer matching contribution more than a wage increase or some other benefit.
Ted Benna, creator of the first 401(k) retirement savings plan, will answer your most intriguing
questions every Monday. With over 30 years of experience as an employee benefits
consultant, Ted is a nationally recognized expert on benefits issues.
He has authored two books, Helping Employees Achieve Retirement Income Security
and Escaping the Coming Retirement Crisis, and is President of the 401(k)
Association. Ted is a frequent speaker at meetings of 401(k) plan sponsors and participants.
His articles and comments have appeared in numerous publications, including The New
York Times and The Wall Street Journal.
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