LAWS GOVERNING RETIREMENT PLANS
The Social Security Administration was created in the 1930s as part of President Franklin Roosevelt's New Deal. Private pension plans mushroomed shortly thereafter, offering coverage to millions of employees. In 1962 the Self-Employed Individuals Retirement Act established tax-deferred retirement plans from which account holders could withdrawals starting between the ages of 59 1/2 and 70 1/2. These plans—also known as Keogh plans after their originator, New York Congressman Eugene J. Keogh—were intended for the self-employed and for those who have income from self-employment on the side. Embezzlement from pension plans by trustees led to the passage of the Employee Retirement Income Security Act of 1974 (ERISA). One of the main provisions of ERISA was to set forth vesting requirements—time periods over which employees gain full rights to the money invested by employers on their behalf. ERISA governs most large-employer-sponsored pension plans, but does not apply to those sponsored by businesses with less than 25 employees.
TYPES OF RETIREMENT PLANS
The two main categories of retirement plans are defined-contribution and defined-benefit. Perhaps the most significant difference between defined-benefit and defined-contribution plans is the voluntary nature of defined-contribution plans. Such plans are usually fully voluntary, so that hourly or salaried employees elect to have a certain percentage of money deducted—before taxes—from their paychecks. Conversely, defined-benefit plans involve automatic contributions made by the employer, with no active participation on the part of the employee.
One significant advantage of defined-contribution plans is that the amount invested by employees can be rolled over into another account with another employer. Rollover activity into similar tax-deferred plans has continued to increase as tax laws require a 20 percent withholding tax to be paid on the lump sum if it is not rolled over. Nonetheless, defined-contribution plans continued to face scrutiny by many financial advisers for two reasons: 1) the investment decisions made by the company may be too restrictive for employees to meet individual goals; and 2) many times employees are not educated about the risk and returns associated with the investment vehicles available through the company plan. Similarly, the voluntary nature of defined-contribution plans makes detractors wonder if ill-informed employees will have less money in their defined-contribution accounts at retirement than they would have had under a defined-benefit plan.
OPTIONS FOR SMALL BUSINESSES
Small business owners can set up a wide variety of retirement plans by filling out the necessary forms at any financial institution (a bank, mutual fund, insurance company, brokerage firm, etc.). The fees vary depending on the plan's complexity and the number of participants. Some employer-sponsored plans are required to file Form 5500 annually to disclose plan activities to the IRS. The preparation and filing of this complicated document can increase the administrative costs associated with a plan, as the business owner may require help from a tax advisor or plan administration professional. In addition, all the information reported on Form 5500 is open to public inspection.
The most important thing to remember is that a small business owner who wants to establish a qualified plan for him or herself must also include all other company employees who meet minimum participation standards. As an employer, the small business owner can establish retirement plans like any other business. As an employee, the small business owner can then make contributions to the plan he or she has established in order to set aside tax-deferred funds for retirement, like any other employee. The difference is that a small business owner must include all nonowner employees in any company-sponsored retirement plans and make equivalent contributions to their accounts. Unfortunately, this requirement has the effect of reducing the allowable contributions that the owner of a proprietorship or partnership can make on his or her own behalf.
For self-employed individuals, contributions to a retirement plan are based upon the net earnings of their business. The net earnings consist of the company's gross income less deductions for business expenses, salaries paid to nonowner employees, the employer's 50 percent of the Social Security tax, and—significantly—the employer's contribution to retirement plans on behalf of employees. Therefore, rather than receiving pre-tax contributions to the retirement account as a percentage of gross salary, like nonowner employees, the small business owner receives contributions as a smaller percentage of net earnings. Employing other people thus detracts from the owner's ability to build up a sizeable before-tax retirement account of his or her own. For this reason, some experts recommend that the owners of proprietorships and partnerships who sponsor plans for their employees supplement their own retirement funds through a personal after-tax savings plan.
Nevertheless, many small businesses sponsor retirement plans in order to gain tax advantages and increase the loyalty of employees. A number of different types of plans are available. The most popular plans for small businesses all fall under the category of defined-contribution plans. In nearly every case, withdrawals made before the age of 59 1/2 are subject to an IRS penalty in addition to ordinary income tax. The plans differ in terms of administrative costs, eligibility requirements, employee participation, degree of discretion in making contributions, and amount of allowable contributions. Brief descriptions of some of the most common types of plans follow:
