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Retirement Plans Retirement Plans Workshop Workshop Opportunities - - PowerPoint PPT Presentation

Retirement Plans Retirement Plans Workshop Workshop Opportunities Opportunities Th A Th A The Awareness The Awareness Test T t T t Test SMAR # 185-20130429-140984 1 Count the Squares Count the Squares - - Its NOT


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Retirement Plans Retirement Plans Workshop Workshop

“Opportunities “Opportunities… … Th A Th A T t T t The Awareness The Awareness Test Test

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SMAR # 185-20130429-140984

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Count the Squares Count the Squares -

  • It’s NOT about thinking outside the box.

It’s NOT about thinking outside the box.

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Keith Baumgarn, CLU, Keith Baumgarn, CLU, ChFC ChFC, , g , , g , , , QPA QPA

Signature Resources is a servicemark of Signature Resources Insurance and Financial Services, Inc. Signature Resources Insurance and Financial Services, Inc. is independent of John Hancock. Offering John Hancock Insurance Products. 3 2601 Main Street, Suite 700, Irvine, CA 92614. Phone: (949) 794-0800. CA Insurance License # 0G01527

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W l ! W l ! Welcome ! Welcome !

Agenda Agenda

► Open forum to discuss benefit

Open forum to discuss benefit packages/ tax law changes packages/ tax law changes

► Review common 401k compliance

Review common 401k compliance

► Review common 401k compliance

Review common 401k compliance “red flags” and remedies “red flags” and remedies

► Our

Our Business Model / Players Business Model / Players

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O1

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Niche Market Niche Market Niche Market Niche Market

► Businesses with one to

Businesses with one to ???employees ???employees

► Available to

Available to a variety of tax entities a variety of tax entities

► Available to

Available to a variety of tax entities a variety of tax entities

► Focus on employer benefit designs a

Focus on employer benefit designs a d employee benefit d employee benefit d employee benefit d employee benefit

► We help you with your benefit

We help you with your benefit package package

► DA.D. / Attract, Reward and Retain

DA.D. / Attract, Reward and Retain

We specialize in providing the package that allows you We specialize in providing the package that allows you to work the small business pension market to work the small business pension market

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SIMPLEs SIMPLEs and 401ks Aren’t and 401ks Aren’t Simple Simple

SIMPLE SIMPLE SIMPLEs SIMPLEs

 IRS

IRS SIMPLE/401k SIMPLE/401k Compliance Checklist Compliance Checklist

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p

 SIMPLE

SIMPLE EGTRRA/401K cycle EGTRRA/401K cycle Document Compliance Document Compliance

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Th P i P k Th P i P k The Pension Package: The Pension Package:

►Plan design

Plan design g

►Plan administration services

Plan administration services

►Plan funding options

Plan funding options

►Plan funding options

Plan funding options

►Plan compliance

Plan compliance

►Players / Team

Players / Team

►Players / Team

Players / Team

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Players In The Pension Market Players In The Pension Market Players In The Pension Market Players In The Pension Market

► IRS / DOL

IRS / DOL

► Small Business Owner/HR/CFO

Small Business Owner/HR/CFO

► Small Business Owner/HR/CFO

Small Business Owner/HR/CFO

► CPA/Accountant

CPA/Accountant

► Third Party Administrator

Third Party Administrator

► Third Party Administrator

Third Party Administrator

► Agent/Broker

Agent/Broker

► Feasibility Study

Feasibility Study - Objective: Objective:

► Feasibility Study

Feasibility Study Objective: Objective: Qualified or Non Qualified or Non-

  • Qualified

Qualified

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Retirement Headlines Retirement Headlines Retirement Headlines Retirement Headlines

► Social Security in Jeopardy

Social Security in Jeopardy

► Social Security in Jeopardy

Social Security in Jeopardy

► Pensions Frozen

Pensions Frozen

► Pension Benefit Guaranty Corp on

Pension Benefit Guaranty Corp on

► Pension Benefit Guaranty Corp on

Pension Benefit Guaranty Corp on Verge of Bankruptcy Verge of Bankruptcy

► U.S. Hits Historically Low Savings

U.S. Hits Historically Low Savings Rate Rate

► Medicare Going Broke

Medicare Going Broke S i li H lth C C t S i li H lth C C t

► Spiraling Health Care Costs

Spiraling Health Care Costs

► Skyrocketing Drug Costs

Skyrocketing Drug Costs

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Business Owner Concerns

► I am getting killed with taxes

I am getting killed with taxes I d t d d ti i b i I d t d d ti i b i

► I need more tax deductions in my business

I need more tax deductions in my business

► I would like to save more money today

I would like to save more money today

► Will I have enough money to retire?

Will I have enough money to retire?

► Am I protected from creditors, judgments and sudden

Am I protected from creditors, judgments and sudden d th di bilit ? d th di bilit ? death or disability? death or disability?

► What benefits do I need to provide to A, R and RE and can

What benefits do I need to provide to A, R and RE and can I legally discriminate? I legally discriminate? g y g y

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401k Terms

►Types

Types Trad Trad Vs Roth Vs Roth combo and non combo and non qualifed qualifed

►Types

Types-Trad

  • Trad. Vs Roth

. Vs Roth-combo and non combo and non-qualifed qualifed

►Automatic enrollment/communication

Automatic enrollment/communication

►Protection from creditors and judgments

Protection from creditors and judgments

►Fiduiciary

Fiduiciary/administrator/resources /administrator/resources

►Integrated with other benefit package and

Integrated with other benefit package and l /b h ki t l l /b h ki t l g p g g p g players/benchmarking tools players/benchmarking tools

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Compliance “Red Flags???

►Corrective Distributions

Corrective Distributions-

  • ADP Tests/Safe

ADP Tests/Safe Harbor rules? Harbor rules? Harbor rules? Harbor rules?

►Compensation/eligibility/liability/bonding?

Compensation/eligibility/liability/bonding? p g y y g p g y y g

►Audits

Audits-

  • IRS/DOL

IRS/DOL

►Reporting/Integration/Benchmarking/turnk

Reporting/Integration/Benchmarking/turnk ey packages? ey packages? ey packages? ey packages?

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Available plan design options Available plan design options Available plan design options Available plan design options

► New comparability/Cross

New comparability/Cross-

  • tested vs. SEP’s

tested vs. SEP’s

► New comparability plans with 401(k) feature

New comparability plans with 401(k) feature -

  • “the

“the simpler plan” simpler plan” simpler plan simpler plan

► 401(k) safe harbor profit sharing plans

401(k) safe harbor profit sharing plans -

  • D.A.S.H.

D.A.S.H. plans plans

► Traditional, Cash Balance and Floor Offset

Traditional, Cash Balance and Floor Offset defined benefit plans defined benefit plans

► DB/401(k) or Roth 401(k)

DB/401(k) or Roth 401(k)

► DB/401(k) or Roth 401(k)

DB/401(k) or Roth 401(k)

► DB/DC carve outs

DB/DC carve outs Are you confused?? Are you confused??

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Plan Contribution Comparison Plan Contribution Comparison Plan Contribution Comparison Plan Contribution Comparison

Larger Contributions & Deductions -

Example: Male, Age 50, Annual Compensation of At Least $265,000

TYPE OF PLAN CONTRIBUTION % OF SALARY

Retiring At Age 62

401(k) w/catch-up $24,000 9.0% Profit Sharing /401k $59,500 22.00% Money Purchase $53,000 20.0% Traditional Defined Benefit $199,610 49.0% Defined Benefit/401(k)/PS $ 259 010 64 0% Defined Benefit/401(k)/PS $ 259,010 64.0%

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Case I(a) Case I(a) - Increased Increased Case I(a) Case I(a) Increased Increased Individual Dollar Limit New Individual Dollar Limit New Comp PS Plan Comp PS Plan

Census Age Comp.

  • Contrib. % of Pay % of
  • Comp. PS Plan
  • Comp. PS Plan

Total Owner 50 $150,000 $51,000 34% 90% EE 1 25 20,000 1,250 6.25% 2.3% EE 2 27 20,000 1,250 6.25% 2.3% EE 3 33 20,000 1,250 6.25% 2.3% EE 4 47 30,000 1,875 6.25% 3.1% Total $240,000 $56,625 ($60,000)

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IRS Code Sec IRS Code Sec IRS Code Sec IRS Code Sec 401(a)(4) 401(a)(4) 401(a)(4) 401(a)(4)

Nondiscrimination in a Defined Nondiscrimination in a Defined Contribution or Defined Benefit Plan Contribution or Defined Benefit Plan can be demonstrated by: can be demonstrated by: Comparing Contributions (Traditional)

  • r

Comparing Benefits (Age Weighted)

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Plan Design Plan Design

This example highlights reasons business owners adopt pension plans.

Employer tax deductible contribution Less estimated tax savings (40%) $56,225

  • 22,490

g ( ) , Net cost after estimated tax savings 33,735 Contribution for business owner 51,000 Contribution for business owner 51,000 Net cost after taxes for owner (After tax savings and principal’s contribution)

  • 17,265

)

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Not having a Qualified Plan is costing you $17,265 per year!

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Case II(a) Case II(a) -

  • New

New C bilit P fit C bilit P fit Comparability Profit Comparability Profit Sharing Plan Sharing Plan Sharing Plan Sharing Plan

Compensation (Corporation) Profit Sharing Contribution (Corporation) Contribution Owner – age 55 $ 250,000 $50,000 Spouse of

  • wner – age

54 $ 52,000 $24,750 54 Total $302,000 $74,750

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Case II(b) Case II(b) -

  • New

New C bilit P fit C bilit P fit Comparability Profit Comparability Profit Sharing/401(k) Plan Sharing/401(k) Plan Sharing/401(k) Plan Sharing/401(k) Plan Contribution Contribution

Compensation (Corporation) Profit Sharing Contribution 401(k) Catch up Contribution Total Profit Sharing + g 401(k) Owner- Age 55 $250,000 $33,500 $17,500 $5,500 $56,500 Spouse of Owner Age 54 $52,000 $33,500 $17,500 $5,500 $56,500 Total $302,000 $67,000 $35,000 $11,000 $113,000

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Case II(c) Case II(c) -

  • Traditional

Traditional DB Plan/401(k) Plan DB Plan/401(k) Plan Combination Combination Combination Combination

Compensation Defined 401(k) Catch up Total (Corporation) Benefit Contribution Contribution Defined Benefit + 401(k) Owner- Age 55 $250,000 $230,000 $17,500 $5,500 $253,000 Spouse $52,000 $ 75,000 $17,500 $5,500 $ 98,555 p

  • f Owner

Age 54 Total $302,000 $305,000 $35,000 $11,000 $351,555 l 6% plus 6% PS

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Tax Entity Types Tax Entity Types Tax Entity Types Tax Entity Types

► Corps

Corps

►C ►S

► Proprietorship

Proprietorship

► Partnerships

Partnerships

► Partnerships

Partnerships

► LLPs or LLCs

LLPs or LLCs

► Tax Exempt

Tax Exempt

► Tax Exempt

Tax Exempt 501(c)(3) 501(c)(3)

►403b’s

403b’s

►P/ S or DB Plans

P/ S or DB Plans

►P/ S or DB Plans

P/ S or DB Plans

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Eligibility Issues Eligibility Issues Eligibility Issues Eligibility Issues

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► Rules

Rules

► Employees

Employees

P t Ti P t Ti

  • Part Time

Part Time

  • End Of Year

End Of Year

  • Union

Union U

  • U
  • I ndependent Contractors

I ndependent Contractors

  • Leased

Leased

► Vesting

Vesting

► Deadlines (Timetables)

Deadlines (Timetables) Cl ifi ti Cl ifi ti

► Classification

Classification

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Working Past Retirement? Working Past Retirement?

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D fi d B fit Pl D fi d B fit Pl Defined Benefit Plans Defined Benefit Plans Past, Present, Future Past, Present, Future

►What

What Wh Wh

►When

When

►Why

Why

►Who

Who

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Funding For A Monthly Funding For A Monthly Funding For A Monthly Funding For A Monthly Amount Maximum 415 Amount Maximum 415 Li it A t Li it A t Limit Amount Limit Amount

$17 500 h b i i @ 65 $17 500 h b i i @ 65

► $17,500 a month beginning @ age 65.

$17,500 a month beginning @ age 65.

  • No reductions for NRAs 62

No reductions for NRAs 62-

  • 65

65

► With $255 000 salary cap

With $255 000 salary cap

► With $255,000 salary cap

With $255,000 salary cap

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Defined Benefit vs. Defined Contribution

Defined Contribution Plans Defined Contribution Plans

  • Profit sharing plans, 401(k) plans, Simples, SEPs and IRAs

Profit sharing plans, 401(k) plans, Simples, SEPs and IRAs

  • Defines and limits annual contributions

Defines and limits annual contributions

  • Retirement nest egg is dependant upon market fluctuation

Retirement nest egg is dependant upon market fluctuation

Defined Benefit Plans Defined Benefit Plans Defined Benefit Plans Defined Benefit Plans

  • Traditional and Fully Insured

Traditional and Fully Insured

  • Sets forth a defined, guaranteed income at retirement

Sets forth a defined, guaranteed income at retirement

  • Allows for larger contribution as needed to fund the benefit

Allows for larger contribution as needed to fund the benefit

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h f d f l b k? h f d f l b k? Why are Defined Benefit Plans back? Why are Defined Benefit Plans back?

► Deductions and exemptions phased

Deductions and exemptions phased

  • ut with adjusted gross income over
  • ut with adjusted gross income over

$250 000 $250 000 $250,000 $250,000

► Repeal of 415(e) after Jan. 1, 2000

Repeal of 415(e) after Jan. 1, 2000

► Babyboomers

Babyboomers

► Babyboomers

Babyboomers

► Social Security statements

Social Security statements

► Market Impact on 401(k) Plans

Market Impact on 401(k) Plans

► Market Impact on 401(k) Plans

Market Impact on 401(k) Plans

► EGTRRA / PPA ‘06

EGTRRA / PPA ‘06

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Business Profile Business Profile

Level 1 Level 1 – – Safe Harbor Plans Safe Harbor Plans

► Very small business (1

Very small business (1 -

  • 6 participants)

6 participants)

► Stable cash flow projections for next 5

Stable cash flow projections for next 5 - 10 years 10 years

► Stable cash flow projections for next 5

Stable cash flow projections for next 5 10 years 10 years

► Business owner’s cash flow in excess of

Business owner’s cash flow in excess of $250,000 $250,000

► Business owner will be working in business for

Business owner will be working in business for at least 5 years at least 5 years

► Business owner is at least age 45 and oldest in

Business owner is at least age 45 and oldest in

► Business owner is at least age 45 and oldest in

Business owner is at least age 45 and oldest in the group the group Level 2 Level 2 – – Carveout/Combo Plans (401a4) Testing Carveout/Combo Plans (401a4) Testing 6-

  • ?? Participants

?? Participants

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Other Entrepreneurs Other Entrepreneurs

►Moonlighting Income

Moonlighting Income g g g g

►No controlled group (I.e.

No controlled group (I.e. Professors Authors Professors Authors Professors, Authors, Professors, Authors, Consultants, Board Of Consultants, Board Of Directors Coaches) Directors Coaches) Directors, Coaches) Directors, Coaches)

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Samples of Practicing Professionals

A t l C D i R lt

Number of Number of Total Total Owner’s Owner’s Contribution s Contribution s % to Owners % to Owners

Actual Case Design Results

Owners/ Owners/ Professionals Professionals Employees Employees Contributions Contributions to to Employees Employees 1 24 24 $ 304,503 $ 304,503 $ 83,520 $ 83,520 78% 78% $ $ 2 1 1 $ 309,997 $ 309,997 $ 9,000 $ 9,000 97% 97% 2 8 8 $ 278,242 $ 278,242 $ 20,013 $ 20,013 93% 93% 2 15 15 $ 214,796 $ 214,796 $ 107,972 $ 107,972 67% 67% 2 33 33 $ 357,099 $ 357,099 $ 105,682 $ 105,682 77% 77% 3 2 2 $ 453,226 $ 453,226 $ 28,000 $ 28,000 94% 94% 4 25 25 $ 234,121 $ 234,121 $ 68,711 $ 68,711 77% 77% $ , $ , $ , $ , 4 175 175 $ 785,361 $ 785,361 $ 393,710 $ 393,710 67% 67% 9 100+ 100+ $ 2,062,319 $ 2,062,319 $ 223,448 $ 223,448 90% 90% 14 14 100+ 100+ $ 1 128 954 $ 1 128 954 $ 322 323 $ 322 323 78% 78% 14 14 100+ 100+ $ 1,128,954 $ 1,128,954 $ 322,323 $ 322,323 78% 78% 56 56 64 64 $ 3,898,558 $ 3,898,558 $ 252,468 $ 252,468 94% 94%

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S Corp. Example S Corp. Example p p p p

Age Age W W-2* 2* SEP PS SEP PS-

  • 401(k)

401(k) Trad Trad Def Def Benefit** Benefit**

50 50 $50,000 $12,500 $50,000 $12,500 $35,500 $35,500 $95,000 $95,000 , , , , , , * Consider adding spouse as a participant * Consider adding spouse as a participant – – bona fide employee bona fide employee g p p p g p p p p y p y and reasonable compensation issues and reasonable compensation issues ** Additional ** Additional $26,000 profit sharing 401(k $26,000 profit sharing 401(k) plan could be ) plan could be added

  • added. This is for 2013 tax year and based on 2013 IRS plan

. This is for 2013 tax year and based on 2013 IRS plan limits. limits.

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Resources Resources Resources Resources

►Websites

Websites

►Websites

Websites

  • Freeerisa.com

Freeerisa.com

  • Benefitlinks com

Benefitlinks com

  • Benefitlinks.com

Benefitlinks.com

  • IRSGov.org

IRSGov.org

P bli ti / C P bli ti / C

►Publications / Courses

Publications / Courses

  • Dearborn / Corbel

Dearborn / Corbel

  • IRS Publications / Newsletters

IRS Publications / Newsletters

►Free Feasibility Studies/Pension Season

Free Feasibility Studies/Pension Season

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Pursuant to IRS Circular 230, we are providing you with the following notification Pursuant to IRS Circular 230, we are providing you with the following notification: : The The information contained in this presentation is not intended information contained in this presentation is not intended to (and to (and cannot) be used cannot) be used p ( ) by anyone to avoid IRS penalties. This presentation supports the promotion and by anyone to avoid IRS penalties. This presentation supports the promotion and marketing of insurance. You should seek advice based on your particular marketing of insurance. You should seek advice based on your particular circumstances from an independent tax advisor. circumstances from an independent tax advisor. John Hancock Financial Network, its agents, and representatives may not give legal John Hancock Financial Network, its agents, and representatives may not give legal

  • r tax advice. Any discussion of taxes herein or related to this document is for general
  • r tax advice. Any discussion of taxes herein or related to this document is for general

information purposes only and does not purport to be complete or cover every information purposes only and does not purport to be complete or cover every situation. situation. Tax law is subject to interpretation and legislative change. Tax results and the Tax law is subject to interpretation and legislative change. Tax results and the appropriateness of any product for any specific taxpayer may vary depending on the appropriateness of any product for any specific taxpayer may vary depending on the facts and circumstances. You should consult with and rely on your own independent facts and circumstances. You should consult with and rely on your own independent y y p y y p legal and tax advisers regarding your particular set of facts and circumstances. legal and tax advisers regarding your particular set of facts and circumstances. Although care is taken in preparing this material and presenting it accurately, John Although care is taken in preparing this material and presenting it accurately, John Hancock Financial Network disclaims any express of implied warranty as to the Hancock Financial Network disclaims any express of implied warranty as to the y p p y y p p y accuracy of any material contained herein and any liability with respect to it. This accuracy of any material contained herein and any liability with respect to it. This information is current as of September, 2011. information is current as of September, 2011.

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Q & A ? Q & A ? Thanks! Thanks!

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