BizBox by Slate, a blog for business owners

I'm pleased to announce that I am now a regular contributing author for BizBox by Slate, a special promotion by OPEN from American Express.  I'm one of 5 contributors whose focus is helping business owners manage and grow their businesses. Come visit us.

Posted In 401(k) Plans , Pension Plans , Individual Retirement Accounts , Publications
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Defined benefit plan seminar handout available for download



Here is the link to my presentation handout (43 pages, PDF) for the August 5, 2008 Seminar, Defined Benefit Pension Plans: What's Old is Now Again and better than ever. This was a 3 hour continuing education seminar sponsored by the Lanny D. Levin Agency, Inc., a General Agent for the Guardian Life Insurance Company.

If you're wondering about the picture up top, that's Fleetwood Mac ("new website coming soon") who after many years apart are getting back together and will be touring next year. And just like defined benefit pension plans: what's old is new again and better than ever.

Posted In Cash Balance Plans , Pension Plans , Publications , Seminars and Speaking Engagements
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ESOP as an Exit Strategy: Presentation to Chicago Bar Association Financial Institution Committee

See full-size image.

Exit strategies for business owners - particularly the baby boomers - is a matter to which they are giving increased attention. And so are their attorneys. Yesterday I participated in a continuing education program sponsored by the Financial Insitution Committee of the Chicago Bar Association for its members on this topic.

Our particular focus was ESOP as an Exit Strategy. I was joined by Grant McCorkhill, a Partner at Holland & Knight who specializes in transactional matters; and David Blum, a commercial banker and Vice President of First American Bank, an ESOP lender. We discussed:

  • Exit Strategies for the Business Owners
  • ESOP Essentials
  • How an ESOP Gets Done

Click here to download a copy of our presentation (PDF, 20 pages).

Posted In Employee Stock Ownership Plans , Publications , Seminars and Speaking Engagements
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"What Women Need to Understand About Retirement", new eBook available

Apropos of this Independence Day, the Heinz Family Philanthropies and the Women’s Institute for a Secure Retirement (WISER) have made a new eBook is available, “What Women Need to Understand About Retirement.” The publishers recognize the fact that because women live longer and because they are the majority of the nation's caregivers, it was especially important for them to know how to take control of their own retirement futures. Here is a link to the eBook. Posted In Publications
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No phone, no email, no fax, no worries. Priceless

Guest Column about 401(k) Improvements in Pension Protection Act

Here is a link to a recent guest column I wrote, New Law Good News for 401(k) Sponsors (PDF) that appeared in the Enterprise Forum, the on-line publication for executives of privately-held companies published by WWJ•950 NEWSRADIO, CBS Radio in Detroit, Michigan. It's published weekly. Present company excluded, there is good information here for private companies. You can check it out using this link.

Posted In 401(k) Plans , Publications
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The Economics of Providing 401(k) Plans: Services, Fees, and Expenses

The Economics of Providing 401(k) Plans: Services, Fees, and Expenses

The Investment Company Institute, November 2006

Executive Summary
  • 401(k) plans are a complex employee benefit to maintain and administer and are subject to an array of rules and regulations. Employers offering 401(k) plans typically hire service providers to operate these plans, and these providers charge fees for their services.
  • Employers and employees generally share the costs of operating 401(k) plans. As with any employee benefit, the employer generally determines how the costs will be shared.
  • About half of the $2.4 trillion in 401(k) assets at year-end 2005 was invested in mutual funds, primarily in stock funds. Mutual funds are required by law to disclose a large amount of information, including information about fees and expenses and portfolio turnover.
  • 401(k) investors in mutual funds tend to hold low-cost funds with below-average portfolio turnover. Both characteristics help to keep down the costs of investing in mutual funds through 401(k) plans.
Posted In 401(k) Plans , Publications
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New guide to 401(k) distributions available from IRS

401(k) Resource Guide - Plan Sponsors - General Distribution Rules

Executive Summary

Distributions from 401(k) plans can be complicated and confusing. The IRS has just made available a this resource guide that covers the basics of 401(k) distributions. Each topic has a link to the applicable Internal Revenue Service publication.

Posted In 401(k) Plans , Pension Protection Act of 2006 , Publications
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Who's your employee: inquiring minds and the IRS want to know

 

You can call them independent contractors and pay them as such, but they may actually be employees.

This matter is especially timely now as many retirement plans (and health insurance plans) have January 1st employee enrollments. It’s critical that workers be treated correctly for tax compliance purposes.

If someone is an employee, then the employer must withhold income tax, withhold and pay Social Security and Medicare taxes, and pay unemployment tax. In addition, he or she may be eligible and have to be included in benefit plans. However, the employer generally does not have any of these obligations for an independent contractor.

Penalties and interest can pile up if someone is incorrectly treated as an independent contractor. And in the case of a retirement plan, the employer would have to make up the benefits the individual would have received as an employee. And it can be expensive as Microsoft found out.

Whether an individual is an independent contractor or an employee is a factual matter based on the extent of behavioral control, financial control, and relationship of the parties. The IRS publication, Independent Contractor or Employee, provides an explanation.


If in doubt, any doubt, seek guidance from your CPA or attorney. This is one of those "kids, don't try this at home" situations.

 

 

 

 

 

Posted In 401(k) Plans , Pension Plans , Publications
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Client Briefing: FAQs on Roth 401(k)

Roth 401(k): Giving Employees A Choice

Executive Summary:

With the uncertainty now removed about the Roth 401(k)’s fate, many retirement plan sponsors are now adding this option to their 401(k) plans. Those plan sponsors that haven’t should consider adding it in order to:
  • Provide participants with the opportunity to diversify their future tax burden, and
  • Keep their plans competitive with other employers.
This Client Briefing will provide you with frequently asked questions (FAQs) about Roth 401(k) to help you decide whether it should be added to your plan.



Posted In 401(k) Plans , Publications
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For Business Owners and Their Advisors: FAQs on 412(i) Pension Plans Updated for the Pension Protection Act

Questions and Answers on 412(i) Defined Benefit Pension Plans Updated for the Pension Protection Act of 2006

Executive Summary:

A 412(i) defined benefit pension plan, referred to in IRS regulations as an "insurance contract plan", is the only defined benefit plan that is exempt from the minimum funding requirements of Section 412 of the Internal Revenue Code. This type of plan, therefore, enjoys certain advantages over the traditional defined benefit plan and is worth exploring if you are the owner of a small business.

These advantages create a plan that, compared to a traditional defined benefit plan, will produce:
  • Larger initial deductions;
  • More stability in the contribution level;
  • Simpler plan administration; and
  • A secure promise of future benefits guaranteed by an insurance company.
Posted In Pension Plans , Publications
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December 2006 Client Briefing: Pension Protection Act Changes

Impact of Pension Protection Act of 2006 on Profit Sharing and 401(k) Plans

Executive Summary:

Called the most significant retirement plan legislation since ERISA, the Pension Protection Act of 2006 (PPA) signed into law on August 17, 2006 makes important changes affecting both defined benefit and defined contribution plans.

While much of the attention in the popular press has been focused on the defined benefit funding aspects of the new law, we believe that the most far reaching impact will be on profit sharing and 401(k) plans. And for the most part highly favorable to plan sponsors and participants.

Future Briefings will provide you with details of the Act’s provisions affecting such areas as:
  • Safe harbor default investments
  • Investment advice for participants
  • New fiduciary liability relief
  • Tax planning opportunities
This issue will provide you with the highlights of the most significant changes affecting these defined contribution plans and our commentary on the changes.


Posted In 401(k) Plans , Publications
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