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> Information provided on this site is for general guidance only and is often simplified. Actual IRS procedures are complex, and taxpayers should obtain professional assistance or use IRS sources for complete information.

The Pensions Tax Regime A summary of the legislative basis of pensions saving taxation.

Types Of Pension Plan A 401(k) plan permits employees to choose to defer a portion of their wages on a pre-tax basis.

401(K) Plans A 401(k) plan permits employees to choose to defer a portion of their wages on a pre-tax basis.

Individual Retirement Arrangement An IRA is a personal retirement savings plan available to anyone, regardless of age, who receives taxable compensation during the year.


Types Of Pension Plan

Defined Benefit Plans

In a defined benefit plan, the employer agrees to provide the employee a nominal benefit amount at retirement based on a specified formula. The formula is usually one of three general types: a flat-benefit formula, a career-average formula, or a final-pay formula.

  • Flat-Benefit Formulas These formulas pay a flat dollar amount for each year of service recognized under the plan.
  • Career-Average Formulas There are two types of career-average formulas. Under the first type, participants earn a percentage of the pay recognized for plan purposes in each year they are plan participants. The second type of career-average formula averages the participant's yearly earnings over the period of plan participation. At retirement, the benefit equals a percentage of the career-average pay, multiplied by the participant's number of years of service.
  • Final-Pay Formulas These plans base benefits on average earnings during a specified number of years at the end of a participant's career; this is presumably the time when earnings are highest. The benefit equals a percentage of the participant's final average earnings, multiplied by the number of years of service. This formula provides preretirement inflation protection to the participant but can represent a higher cost to the employer.

Flat-benefit formulas are common in collectively bargained plans or plans covering hourly paid employees. Career-average and final-pay formulas are most common in plans covering nonunion employees. Under pay-related formulas, an employer has some discretion in defining pay for plan purposes provided the definition does not discriminate in favor of highly compensated employees, subject to the statutory and regulatory definition of compensation used in testing for nondiscrimination. Under ERISA's minimum standards, there is also some leeway in determining what employment period will be recognized in the benefit formula. The benefit may reflect only the plan participation period or may be based on the entire employment period.

Defined Contribution Plans

In a defined contribution plan, the employer makes provision for contributions to an account established for each participating employee. The final retirement benefit reflects the total of employer contributions, any employee contributions, and investment gains or losses. Sometimes the accumulated amount includes forfeitures resulting from employer contributions forfeited by employees who leave before becoming vested. As a result, the level of future retirement benefits cannot be calculated exactly in advance. Employer contributions to defined contribution plans are often based on a specific formula such as a percentage of participant salary or of company profits.

The plans may be designed to include pretax or after-tax employee contributions, which may be voluntary or mandatory. There are several types of defined contribution plans:

  • In a money purchase plan, employer contributions are mandatory and are usually stated as a percentage of employee salary.
  • In a profit-sharing plan, total contributions to be distributed are often derived from a portion of company profits.
  • Stock bonus plans are similar to profit-sharing plans but usually make contributions and benefit payments in the form of company stock.
  • A target benefit plan is a cross between a defined benefit plan and a money purchase plan-with a targeted benefit used to determine the level of contributions but with contributions allocated to accounts as in a money purchase plan.
  • A thrift, or savings, plan is essentially an employee savings account, often with employer matching contributions.
  • In a 401(k) arrangement, an employee can elect to contribute, on a pretax basis, a portion of current compensation to an individual account, thus deferring current income tax on the contribution and the investment income earned.
  • In an employee stock ownership plan (ESOP), employer contributions to employee accounts must be primarily in company stock.

In December 2004, the Treasury Department and IRS issued proposed temporary regulations designed to shut down abusive tax shelter schemes involving ESOP-based pension schemes.

Section 409(p) of the tax code generally prohibits accruals or allocations under an employee stock ownership plan (ESOP) that holds stock of an S corporation, where the ownership interest in the ESOP or in rights to acquire the corporation are so concentrated among 10% owners that they hold 50% or more of the interests in the corporation.

The regulations replaced proposed temporary regulations that were issued in 2003 and addressed a wide variety of issues under section 409(p), including the key definitions of a prohibited accrual or allocation, a disqualified person and a non-allocation year.

“These regulations support our efforts to shut down abusive schemes, in this case those skirting pension laws," IRS Commissioner Mark W. Everson commented at the time.

The regulations came into effect for plan years beginning on or after Jan. 1, 2005, subject to several special effective date rules.

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The Pensions Tax Regime A summary of the legislative basis of pensions saving taxation.

Types Of Pension Plan A 401(k) plan permits employees to choose to defer a portion of their wages on a pre-tax basis.

401(K) Plans A 401(k) plan permits employees to choose to defer a portion of their wages on a pre-tax basis.

Individual Retirement Arrangement An IRA is a personal retirement savings plan available to anyone, regardless of age, who receives taxable compensation during the year.

 

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