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   401(k) :  Eligibility (FAQ)

 Friday, November 21, 2008

 

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Eligibility - Frequently Asked Questions


When can I begin to participate?


That depends on the rules of your specific plan. Many companies require new employees to complete six months or even up to a year of service before they're eligible. Some companies also require employees to be at least 21 years old to participate.

Ask your company's human resources or benefits representative for information on your plan.


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What does vesting mean?

The "vested" portion of your 401(k) account is the part that belongs to you and cannot be forfeited if you leave your job.

There are two types of 401(k) contributions: the contributions you make and the contributions your employer makes (such as "matching" contributions). The money you contribute, adjusted for any investment gain or loss, is always 100% vested. That means this money is always 100% yours. The contribution your employer makes, on the other hand, may be subject to a vesting requirement. This means that you must earn your employer’s contribution over time.

Vesting requirements are very common in 401(k) plans. The two most common types of vesting schedules are graded vesting and cliff vesting.

With graded vesting you own an increasing portion of the employer contribution each year you are with your company. If your company had a five-year vesting schedule, you would be 20% vested after one year, 40% vested after two years, etc. By law, the longest vesting schedule a 401(k) plan can have is 7 years. Employees must be at least 20% vested after 3 years, 40% vested after 4 years, 60% after 5 years, 80% after 6 years and 100% after 7 years.

With cliff vesting you become 100% vested after a set period of time. So if your vesting requirement is 5 years and you leave your company after 4 years, you won’t get any of the employer contributions.

The reason companies include a vesting requirement in their 401(k) plan is that it provides an incentive for employees to stick with the company.

Say, for example, your company's 401(k) plan has a 4-year vesting schedule. But after two years, when you are 50% vested, you decide to leave your job.

Your 401(k) account balance consists of:

Your contributions (adjusted for investment gain or loss) = $7,000

Employer contributions (adjusted for investment gain or loss) = $3,500

Your total account balance is $10,500. But your vested account balance is only $8,750 ($7,000 plus 50% of $3,500). So by leaving your job after only two years, you've essentially "lost" $1,750.

One last tip: if you are planning to leave your job, make sure you find out when the employer matching contributions are deposited into the account. Some employers deposit matching contributions every pay period, but others only make the deposits once a year. In such a case, if you were to leave your job before the contribution for the most recent year were deposited, you could lose a whole year's worth of matching contributions.

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When will my company's contribution be vested?

That depends on the rules of your particular plan. Plan sponsors have some flexibility in deciding vesting schedules when the plan is set up. In some plans, participants are 100% vested as soon as they join the plan, while in others, participants have to complete a number of years of service before they're fully vested.

By law, all participants must be fully vested after seven years of service with the company. Additionally, there are a few guidelines that typically apply to most plans. For instance, in most plans, a participant automatically becomes fully vested when he or she turns 65, becomes disabled, or dies, or if the plan is terminated.

You should check with your company's human resources or benefits representative regarding the rules of your specific plan.


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Can I have a 401(k) account with my current employer even after rolling over a 401(k) from my previous employer into an IRA? Can I have both accounts?

You may have a 401(k) with your present employer after rolling over a previous 401(k) into an IRA. You may hold any number of IRA accounts in addition to your 401(k), as long as you meet the necessary requirements and do not exceed the aggregate limits for contributing to them (a total of $2,000 a year for the combined IRAs).

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Can a self-employed individual establish a 401(k)?

Regular 401(k) plans are normally established by for-profit companies that have "more than a few" employees. While there is no set minimum for the number of employees required, a regular 401(k) is probably not the best plan choice for a self-employed person due to plan set-up expenses and the time commitment surrounding plan administration.

For self-employed people, there are several great tax-deferred retirement savings options available beyond the traditional IRA. They include:

Simplified Employee Pension IRA (SEP-IRA) Plans – SEP plans are essentially individual retirement accounts (IRAs). Like an IRA account, the money you contribute to a SEP-IRA is tax-deductible and your investment earnings grow tax-free until you withdraw funds at retirement. You can contribute up to 15% of your compensation or $30,000, whichever is less, each year.

Keogh Plans – If your business is not incorporated, you may be eligible to establish a Keogh plan. Keogh plans are generally more flexible than SEPs and may allow you to save even more toward your retirement than you can in a SEP plan. Keoghs can be set up as either a defined contribution plan (like a 401(k) or SEP) or as a defined benefit plan (like a traditional pension). Along with added flexibility, Keogh plans also bear additional complexity – if you're considering a Keogh plan, you should probably seek the advice of a pension professional.

SIMPLE IRA – A SIMPLE IRA works a lot like a traditional IRA except that you can contribute more (up to $6,000, or 15% of salary) and employer matching contributions are allowed. If you are self-employed, you can contribute $6,000 as an individual and your company can match your contributions dollar-for-dollar, for a total annual contribution of $12,000. Another plus is that the SIMPLE plan you set up now can grow with your company (up to 100 employees).

SIMPLE 401(k) – A SIMPLE 401(k) works much like the SIMPLE IRA with a few notable exceptions. On the downside, it requires a lot more reporting and administration than a SIMPLE IRA. On the upside, a SIMPLE 401(k) allows for hardship withdrawals and loans. The maximum annual contribution is $10,000, and the maximum annual employer match is $4,800.

Setting up any of these plans for yourself is as easy as visiting your local bank, broker, insurance agent or mutual fund company.


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