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[N339]Non Qualified Retirement Plans

by Carla C. Ballatan, Car

Most employees, upon reaching retirement age, anticipate such time when they can totally relax while still enjoying financial security. That's why even at the very beginning of their employment, they are already looking far into the future about the kind of retirement benefits they might possibly get.

There are formal contracts to provide retirement benefits for employees upon reaching retirement age. They are called retirement plans. Some retirement plans can be set up by the employee themselves while some are sponsored by their employer.

The Employee Retirement Income Security Act or ERISA Law is the federal law governing employee's retirement plans. Qualified retirement plan is the operative term for the specific plan that complies with ERISA law. By complying with this applicable law, the plan's taxes are deferred on contributions and earnings of the employee until withdrawn. ERISA has non-discrimination rules and other safety nets to protect employee's benefits.

Although there are no existing laws that obligate employers to establish retirement plans for their employees, they may provide such packages in order to attract incoming employees and maintain present employees. Aside from that, setting up qualified plans by employers lets them gain tax benefits.

If there are qualified plans, there can also be non-qualified plans. As opposed to the former, non-qualified plans, as the work itself connotes, do not qualify the plan for tax benefits. Such plans are usually set up by employers for their management executives.

There are several examples of qualified retirement plans. The more popular ones are the individual retirement account or IRA. It is a contract by the employee with himself with the purpose of having the money in a tax-qualified account until their actual retirement.

In having an IRA, the employee's taxes are postponed contributions along with the ensuing earnings until they are withdrawn.

The 401(k) plans, is another type of a delayed compensation plan. An employee can contribute ever year while their employers share a corresponding percentage of what they contribute. Not until the employee start receiving distributions does he get taxed for contributions.

However if the employee starts withdrawing before they reached the age of 59 1/2, he may have to pay up stiff penalties. However, contributions can grow and accumulate until withdrawal, and everything is on a pre-tax basis.

Profit sharing plans, in simplest terms let employees share in the profits. This type of plan gives employers a chance to supplement other retirement benefits for the employee. It depends on the employer how much are the contributions. Employers must observe that the contributions must be on a non-discriminatory basis. Usually employers make contributions according to the percentage of total annual pay roll.

Pension plans have two basic qualified types. The defined benefit plans have a specific pension amount according to a certain formula and the defined contribution plans have a specific amount the employees are required to contribute in individual accounts.

It is essential for an employee to be aware of the retirement plan set up by their employers during their employment. Employees need to understand the plan itself, how it works and what benefits to be gained. Then, they must also keep tabs of their money wherever it is deposited. This way, employees and their families can be assured of their future financial security.

Any payment that you receive from your IRA or qualified retirement plan before you reach age 59? is normally called an ?early? or ?premature? distribution. As such, these funds are subject to an additional 10 percent tax. But there are a number of exceptions to the age 59? rule that you should investigate if you make such a withdrawal. Some of these exceptions apply only to IRAs, some only to qualified retirement plans, and some to both. IRS Publications 575, Pensions and Annuities, and 590, Individual Retirement Arrangements (IRAs), have details.

In addition to the 10 percent tax on early distributions, you will add to your regular taxable income any distributions attributable to ?elective deferrals? that you contributed from your pay, your employer's contribution and any income earned on all contributions to the account. If you made any nondeductible contributions, their portion of the distribution is not taxed, since you've already paid tax on this amount.

There is a way to avoid paying any tax on early distributions, however. It is called a ?rollover.? Generally, a rollover is a tax-free transfer of cash or other assets from an IRA or qualified retirement plan to an eligible retirement plan. An eligible retirement plan is a traditional IRA, a qualified retirement plan, or a qualified annuity plan. You must complete the rollover within 60 days of when you received the distribution. The amount you roll over is generally taxed when the new plan pays you or your beneficiary.

If the early distribution from an employer's plan is paid directly to you, your plan administrator will normally withhold income tax at a 20 percent rate. If you roll over the distribution to a new plan, you must replace that 20 percent of the funds that were withheld and deposit that amount in the new plan or you will owe taxes on that amount. To avoid the inconvenience of this withholding, you can have your old plan's administrator transfer the rollover amount directly to the new plan or a traditional IRA.

All early distributions must be reported to the IRS. You will report tax-free rollovers on lines 15a and 16a of Form 1040 along with any taxable distributions, but you will enter on line 15b or 16b only the taxable amounts you don't roll over.

Early distributions from retirement plans can involve complex tax issues. Make sure you understand the issues or get competent tax advice.

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Both Carla C. Ballatan & Richard A. Chapo are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Carla C. Ballatan has sinced written about articles on various topics from Legal Matters, Accident Lawyers and Legal Matters. . Carla C. Ballatan's top article generates over 4400 views. to your Favourites.

Richard A. Chapo has sinced written about articles on various topics from Finances, Tax Deductions and Tax. Richard A. Chapo is with BusinessTaxRecovery.com - providing information on .. Richard A. Chapo's top article generates over 22200 views. to your Favourites.