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Plan Options
IRS-approved prototype plan
Your Low Fee 401(k) system comes with an IRS-approved prototype 401k plan that is customized to fit your company's needs.
Things your company defines for its 401k plan, include:
Participation eligibility requirements
Employer matching contribution formula, if any
Vesting formula for employer matching contributions, if any
401k loan policy, if allowing 401k participant loans
Customize the prototype plan to fit your company's needs
As we said above, there are several things your company defines for its 401k plan:
Participation eligibility requirements
Employer matching contribution formula, if any
Vesting formula for employer matching contributions, if any
401k loan policy, if allowing 401k participant loans
The following chart offers more information on each of these items, plus our recommendations:
Aspect of Plan IRS Allows... Recommended for most run-it-yourself Low Fee 401(k) systems
Eligibility requirement -- age anything from none to 21 years of age 21 years of age
Eligibility requirement -- length of service anything from none to 1 year of service 3 months of service
Eligibility requirement -- union employees can exclude employees whose employment is governed by a collective bargaining agreement between the employer and employee representatives under which retirement benefits was the subject of good faith bargaining. exclude employees whose employment is governed by a collective bargaining agreement between the employer and employee representatives under which retirement benefits was the subject of good faith bargaining.
Employer contributions -- matching cannot make total contributions to any employee account over the annually-adjusted total allowed contribution amount contact us for details and recommendations
Vesting of employer contributions full, immediate vesting OR anything less stringent than either: no vesting earned until the person has participated in the plan for five years, then 100% vesting after five years, or 0% vested for the first 2 years, 20% vested after 3 years, 40% vested after 4 years, 60% vested after 5 years, 80% vested after 6 years, and 100% vested after 7 years of participating in the plan. full, immediate vesting OR Five Year Formula: 20% vested after 1 year of participating in the plan, 40% vested after 2 years, 60% vested after 3 years, 80% vested after 4 years, and 100% vested after 5 years of participating in the plan.
401k loans inclusion or exclusion allowed not recommended in plan's first year of operation
Standards we recommend for most plans
The entire Low Fee 401(k) system is based on our years of experience with building and servicing quality 401k plans.
Typically, small plans use features like these:
Aspect of Plan Low Fee 401(k) Standard
Plan year January 1 - December 31
Eligibility commencement participation begins on the first day of the calendar quarter after the person meets the plan's age and length of service eligibility requirements
Normal retirement age 65
Early retirement age none
Hardship withdrawals included (IRS-mandated)
401k loans allowed, but not mandatory (see Options chart, above)
Employer matching contributions allowed, but not mandatory (see Options chart, above)
Participant account statements automatically prepared by the Low Fee 401(k) software EVERY MONTH; participants also receive personal, monthly investment statements from the self-directed brokerage accounts and/or no-load mutual funds holding 401k assets.
The safe harbor option in 401k plan administration
401k compliance tests are designed to ensure 401k plans have at least a threshold balance of participation of rank-and-file employees in relation to highly-paid employees.

The IRS offers an alternative means for achieving 401k plan balance: The safe harbor method of 401k plan operation lets 401k plans skip their annual 401k discrimination testing so long as the sponsoring employer meets certain employer 401k contribution requirements (designed to ensure broad participation in the company plan) and provides 100% immediate vesting of the contributions.
To qualify a 401k plan as a safe harbor plan, an employer must make matching contributions that fulfill the below requirements or make no elective contributions equal to 3% of each eligible employee's compensation.
No elective contributions are made to all eligible employees, regardless of if the employees participate in the company 401k plan. Matching contributions, on the other hand, being based upon salary deferral amounts, are made only to active 401k participants' accounts.
If the employer chooses to make safe harbor matching contributions, those contributions must meet two requirements: First, each non-highly-compensated employee must receive a dollar-for-dollar match on salary deferrals up to 3% of compensation and a 50¢ to the dollar match on salary deferrals from 3% to 5% of compensation. Second, the rate of any matching contributions being made to highly compensated employees cannot exceed that being made to non-highly compensated employees.
The employer must provide annual information to employees explaining the 401k plan's safe harbor provisions and benefits, including that safe harbor contributions cannot be distributed before termination of employment and that they are not eligible for financial hardship withdrawal.

Your Low Fee 401(k) system includes such notification within your customized 401k plan's Summary Plan Description, a document for prospective and active plan participants that's updated at least annually.
If you don't choose the safe harbor method of 401k plan administration, we encourage you to use your customized 401k plan administration software's point-and-click compliance testing every month to keep well apprised of your plan's health so there are no surprises when your plan is subjected to its mandatory year-end tests.
Monthly testing takes only seconds with Low Fee 401(k), and frequent testing means you can spot and correct undesirable trends before they compound.
The Roth 401k plan option
As the name implies, a Roth 401(k) combines features of the traditional 401(k) with those of the Roth IRA. The Roth 401(k) is offered by plan sponsors alongside a traditional 401(k). Employees make contributions to the Roth 401(k) in addition to (or as an alternative to) making contributions to their traditional 401(k). Unlike a traditional 401(k) contribution, which is always pre-tax, all Roth 401(k) contributions are made with the employee's after-tax dollars. As with the traditional 401(k), the participant's Roth 401(k) contributions grow tax-free. But unlike traditional 401(k)s, withdrawals taken from the Roth 401(k) during retirement not subject to income tax, provided the account holder is 59 1/2 and the Roth 401(k) contributions have been held in the account for a minimum of five years.

The Roth 401(k) can offer advantages to high-income individuals who haven't been able to contribute to a Roth IRA because of the income restrictions. (Eligibility for 2009 phases out between $105,000 and $120,000 for single filers and $166,000 to $176,000 for those who are married and file jointly).

Roth 401(k) accounts are subject to the contribution limits of regular 401(k)s - $16,500 for 2009, or $22,000 for those 50 or older by the end of the year - allowing individuals to stock away thousands of dollars more in tax-free retirement income than they would through a Roth IRA. (In 2009, Roth IRA contributions are limited to $5,000 a year, or $6,000 for those 50 or older.)

The hitch: Those limits apply to contributions to both types of 401(k) plans, so participants can't save $16,500 in a regular 401(k) and another $16,500 in a Roth 401(k). Employees who are offered this option face a difficult choice: Contribute to a Roth 401(k) and suffer a cut in take-home pay (since contributions are made with after-tax dollars), or stick with a traditional 401(k) and hope that in retirement, their tax rate will be lower than it is now. Alternatively, they could hedge their bets by contributing to both accounts.

If the employee expects tax rates to be the same or higher in retirement than it is now, he or she might be better off with a Roth 401(k). This is likely to be the case with young people who are just starting their careers and expect their income to increase in the future. If the employee is in peak earning and anticipates his or her tax bracket will be lower in retirement, then continuing to use a traditional 401(k) is probably the best option. In reality, of course, things are much more complicated. For one, no one can predict with certainty what tax rates will be in the future, though the general consensus is that they're likely to rise to help the government offset growing budget deficits and pay for Social Security and Medicare.

No mandatory withholding for in-plan conversions of 401(k)s to Roth Rollovers. Plan sponsors who are allowing direct Roth rollovers from 401(k) and 403(b) plans into Roth Rollovers don’t have to worry about mandatory withholding for those “distributions.” According to a notice posted by the Internal Revenue Service on its website, mandatory 20% withholding does not apply to in-plan Roth direct rollovers.

More specifically, the IRS allows participants to make rollovers from their 401(k) and 403(b) plans to their designated Roth accounts (an "in-plan Roth rollover") after September 27, 2010. The taxable amount rolled over is includible in income equally in 2011 and 2012, unless the taxpayer elects to include it in 2010. The additional tax under section 72(t) does not apply to these rollovers.

The IRS says that the amount rolled over should be reported in box 1 (Gross distribution), the taxable amount in box 2a, and any basis in the rollover in box 5 (Employee contributions). Further, Code G in Box 7 on Form 1099-R should be used. The notice goes on to say that distributions made to plan participants in 2010 from designated Roth accounts must be reported on a separate Form 1099-R, and that the portion of a distribution from a designated Roth account that is allocable to an in-plan Roth rollover must be reported on a Form 1099-R. “Report the distribution as you would any other distribution from a designated Roth account; however, in the blank box to the left of box 10, enter the amount of the distribution allocable to the in-plan Roth rollover”.

  Traditional 401(k) Contributions Roth 401(k) Contributions
When you will pay taxes on your contributions
You pay the tax upon withdrawal. Contributions are tax-deferred, so current taxes are reduced.
You pay regular income tax on your contributions before the money goes into your account. Current taxes are not reduced.
When you will pay taxes on any investment earnings
You pay taxes on the full amount of any distribution, including earnings, at ordinary income tax rates in effect upon withdrawal.
Your contributions have already been taxed, so there is no tax on them and no taxes on any earnings if you take a qualified distribution.
Qualified distribution rules*
Contributions and any earnings remain in account until age 591/2 or a separation from service that qualifies for retirement distributions. Withdrawals are subject to current ordinary income tax at withdrawal (and a 10% tax penalty may apply before age 591/2) unless the tax deferral is continued.
Contributions and earnings are distributed tax-free if they meet the requirements of a qualified distribution; earnings in a non-qualified distribution are subject to current ordinary income tax (and a 10% tax penalty may apply before age 591/2) unless the tax deferral is continued.
Impact of contributions on take-home pay
Since contributions are pre-tax, your current income tax is reduced and each $1 contributed reduces your take-home pay by less than $1.
Because you pay current taxes on your contributions, take-home pay is reduced dollar for dollar by your contributions.
Rollovers from your account
You may roll over your account balance upon termination to a traditional IRA, a 401(k) plan or another qualified employer-sponsored plan.
You may roll over your account balance upon termination to a Roth IRA or another Roth 401(k) or Roth 403(b) account in a qualified employer plan.

Note: For purposes of the 5-year rule for qualified distributions, the date of the initial contribution to a Roth IRA governs.
Taxes on employer match, if applicable
Employer matching contributions are made on a pre-tax basis; contributions and any earnings are taxable upon withdrawal.
Same. The employer match is not treated as a Roth contribution.
Required minimum distributions
You must begin required minimum distributions by April 1 of the year following the year in which you reach age 701/2 or at retirement, if later.
You must begin required minimum distributions by April 1 of the year following the year in which you reach age 701/2 or at retirement, if later.
Loan and hardship
Account balances are available for 401(k) loans and hardship withdrawal if the plan allows.
Contributions are available for 401(k) loans and hardship withdrawal if the plan allows.

*For purposes of qualified distributions, disability must meet the definition stated in Internal Revenue Code Section 72(m) (7).
ERISA 404c Compliance
Providing plan participants with information about retirement investment education services helps your company meet its ERISA 404(c) compliance responsibilities
ERISA Section 404(c) says 401k-sponsoring companies need to, among other things, provide their employees with adequate information about their plans' investments, 401k investing and related matters.
Low Fee 401(k) includes general and plan-specific disclosure and investment education materials for your employees. Plan participants can choose to utilize investment advice services to help them make educated 401k investment decisions.
The services help individuals answer three important questions:
Will I have enough to retire?
How should I invest for retirement?
What do I do when markets change?
Investing guidance services can help boost your plan's participation and allocation rates
With Low Fee 401(k) your company receives informative materials for your employees about personal investment advice services available from third parties online and/or available from SEC-registered Investment Advisors.
There are many credible sources that deliver fast, timely, professional 401k investment advice to individual 401k participants.
Personalized investment advice is available online and from SEC-registered Investment Advisors.
The services are generally for people a few years or more away from retirement, not the ready-to-retire or already retired.
Plan participants can generally pay for the services themselves (those who use the services pay, those who don't, don't), or employers can pick up the tab.
When participants pay for the service themselves, it gives them the freedom to choose the service that best suits their needs: Not all your plan's participants who choose to use a private retirement investment consulting service need choose to use the same service.
Informing plan participants about such services, coupled with providing the basic investing information included in your Low Fee 401(k) package and provided by the investment companies, helps employers fulfill their ERISA responsibility to provide adequate investment information and education to 401k participants.
Individual retirement investment guidance services help your plan participants decide how much to defer into the 401k and how to invest those deferrals.
Statistically speaking, 401k participants left on their own rarely defer as much as experts would recommend, especially down the road, years after initially joining the plan, when income has generally increased (often substantially) yet contribution rates have not been accordingly adjusted.
Most non-salaried employees generally do not join 401ks, even though they, too, could benefit greatly from the tax-deferred savings potential the plans offer. Having them consult with an independent professional retirement planner can motivate them to join their company 401k.
Because unconcealed 401k participants often don't invest their deferrals optimally nor adjust their investment allocations as they move through their employment years, most 401k participants don't maximize their account growth potential.
Helping your employees find professional, unbiased retirement planning advice that they can afford can help boost your plan's participation and deferral rates.
Investing guidance services can be paid for by the individual participants using them
All of the services described below allow for the individual employees using the services to pay for the advice, if desired. None obligate the employer to pay any fees for employees' use of the services.
Listing of personalized retirement planning, investing advice services available online for 401k participants
Below are the industry leaders in online retirement advice. Informing plan participants and prospective participants about more than one service gives the participants the freedom to choose the service best-suited to individual needs.
All of the below are INDEPENDENT investment advisors. None sell mutual funds, stocks, insurance products or any other investments nor receive commissions of any kind on investments they recommend. In addition, none have paid any fee for their listing or otherwise compensated Low Fee 401(k) for inclusion in this website.
All of the below offer personalized, specific information about how much to invest in which plan investments
The below are listed in alphabetical order:
    Services Notes
  ClearFuture
www.morningstar.com/Cover
/ClearFuture.html
Bases recommendations on retirement income goals, not risk toleration

Derives several potential investment strategies based on investments available and retirement income goals

Ongoing projections that include showing potential effects of holding or selling during turbulent market times

Integrated with Morningstar reports and information (quick access to "view Morningstar report" on investments being considered)

by Morningstar, the industry leader in providing mutual fund, stock and variable-annuity investment information
FinancialEngines
www.financialengines.com
FOR FREE: Extensive "Monte Carlo" style of modeling that, rather than assuming static investment returns and inflation rates over time, takes into account numerous possible economic cycle scenarios based on varying combinations of future investment returns and inflation rates in determining the probability that the client will reach his/her retirement goals

FOR PAYING CLIENTS: Advice on exactly how much to invest in which of your plan's 401k investments to improve your chances of reaching your retirement goals; daily tracking of those investments' performances and their effect on the client's account; ongoing advice about needed changes in the account due to current and projected investment performance and economic cycles

Do not counsel on investments outside the 401k but do take any outside holdings into account in making 401k recommendations to client

Computerized modeling system by Nobel Prize-winning economist Bill Sharpe and others

Highly touted by the Los Angeles Times (8/5/99), San Francisco Chronicle (11/23/99), and The Wall Street Journal ((8/12/99), among others

$28.95 per 3 months (April 2000)

Accepts fiduciary responsibility for advice it gives, relieving employers from such responsibility

  mPower
(formerly Emergent Advisors)
www.mpower.com
Investment guidance for just 401k assets or all retirement assets

Customized risk profiling

Portfolio tracking and analysis, including a comparison between current and recommended allocation levels

Advice on employee stock plans

One-year, five-year, at-retirement portfolio simulation

Parent company of 401k Forum (www.401kforum.com), a registered investment advisor

Parent company to 401 Kafe (www.401kafe.com), an online community and content site dedicated exclusively to 401k participants nationwide

Low Fee 401(k) helps you meet your plan's 404(c) requirements on several fronts
With Low Fee 401(k), meeting ERISA 404(c) requirements regarding investment diversity and availability of pertinent information is easy:
The Low Fee 401(k) software permanently logs all employees' requests for information regarding 401k enrollment, investing, loans, hardship withdrawals and more.
Your plan's participants can change their investment choices and/or contribution levels as often as you choose to allow. (Must be at least quarterly).
Participants' accounts receive daily asset valuation and MONTHLY statements regarding their 401k accounts.
Participants can access their personal account information and easily access prospectuses for all mutual funds offered within your plan.
Low Fee 401(k) comes with written materials to be passed out at your enrollment meetings that introduce your employees to the online retirement guidance and education services described above. Participants can individually choose to sign up for services from such industry leaders as FinancialEngines. Individuals pay for the services themselves, yet your company benefits in meeting its 404(c) compliance by providing the introduction.
Low Fee 401(k) comes with plan-specific disclosure materials for your employees.
Low Fee 401(k) comes with general 401k and investment education materials in printed format for your employees.
Low Fee 401(k) automatically prepares and updates account statements for each participant every month (and prepares mailing labels that make distributing statements quick and simple).
The Low Fee 401(k) User's Guide tells you what information to distribute when and to whom.