Choosing the Best Retirement Plan For Your Nonprofit
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Choosing the Best Retirement Plan for Your Nonprofit

If your nonprofit is exempt under Internal Revenue Code 501(c)(3), you have a variety of employee retirement plans available. But to figure out which plan is best for your nonprofit, you'll need to consider a plethora of issues - including how much you're willing to pay into a plan and the tax breaks associated with it. Here's a comparison of the various plans and each one's benefits and drawbacks.

FUNDING OPTIONS

Let's face it, for any organization, money will always be a key factor in choosing a retirement plan. And different plans are funded different ways. Salary reduction plans, for example, are funded only with employee dollars. They're flexible and have simple nondiscrimination requirements, mandating that you offer plan participation to employees uniformly. And if some employees choose to participate in the plan and others don't, the plan can still qualify. Contributions to these plans are subject to Social Security taxes, and employers aren't required to file an annual Form 5500 the federal form required for all qualified retirement plans.

One good thing about salary reduction plans is that they're easy to administer. And, generally, contributions go into individual accounts for employees, which simplifies accounting. Contribution limits in 2002 are $11,000 ($12,000 for those over age 50), and this amount can be increased if contributions haven't been coaxed out in previous years.

On the other hand, 403(h) plans can he funded with employer contributions, employee contributions or both. Some 403(b) plans are written with provisions that allow employers to make contributions. This is extremely complex and takes into account employee ages period of time worked after which employees must be included in the retirement plan, and the point at which benefits must be fully vested - not to mention other ERISA nondiscrimination rules. Employer contributions are exempt from Social Security taxes, though you are required to file Form 5500.

The more popular 401(k) plans are similar in many respects to 403(h) plans. And, because they're available to 501(c)(3) organizations, they may be an excellent option. Like 403(b) plans, 401(k) contributions can come from both the employer and employees. Also like 403(b) plans, employee contributions are subject to Social Security taxes while employer contributions are exempt from them. You are required to file Form 5500.

Employee 401(k) contribution limits in 2002 are $11,000 ($12,000 for those over age 50), while employer contributions can total $40,000. Administering these plans is a little
more complicated, because, in addition to all of the other nondiscrimination-rule compliance, highly compensated employees' contributions have a relationship to contributions by employees who aren't highly compensated. An example of this is if a senior manager contributed a percentage based on the percentage of rank and file employees.

The new safe harbor 401(k) is a variation of the traditional 401(k). It requires employers to contribute a minimum of 3% of compensation for each eligible employee and that those contributions be fully vested. In turn, there's no requirement that contributions by highly compensated individuals be tied to other employees.

THE SIMPLEST ROUTES?

Savings Incentive Match Plans for Employees (SIMPLEs) are, true to their name, simple and inexpensive to administer. But they allow much less flexibility about when employees can be admitted to the plan. Contributions are actually made to individual IRA accounts on behalf of employees. An employee who has received $5,000 in compensation in any two preceding years must be included in the plan for the current year. Also, employees are immediately vested in all contributions. Only employers with 100 or fewer employees may adopt SIMPLEs, which have an employee contribution limit of S7,000 per year ($7,500 for those over age 50). Employer contributions generally match employee contributions dollar for dollar, or employers may elect to make a 2% contribution that isn't based on employee contributions. SIMPLEs don't require an annual Form 5500 filing.

Similarly, SIMPLE 401 (k)s have the same requirements about eligibility and vesting, except that the employer may impose minimum age requirements or other conditions for participation. SIMPLE 401 (k)s allow employee contributions of up to $7,000 per year ($7,500 for those over age 50), and employers must match contributions dollar for dollar up to 3%, or make a nonelective contribution of 2%. Unlike SIMPLEs, filing Form 5500 is required.

WELL-DEFINED PLANS

Defined contribution pension plans and defined benefit pension plans are both qualified plans with nondiscrimination requirements, a Form 5500 filing requirement and annual contribution requirements. The biggest difference, as the name implies, is that defined contribution plans specify the amount that will be contributed and defined benefit plans specify how much will be received by the beneficiary each year after retirement. The defined contribution plan may require a 4% contribution, and there's virtually no flexibility on this amount. Also, what the employee gets is based on what the employer contributes to the plan during the employee's tenure. Administering this plan is expensive, moderately complex and requires an annual Form 5500 filing.

Defined benefit retirement plans are the most complex and expensive to administer. They pay benefits to employees based on their years of service and salary levels. Therefore, complicated actuarial assumptions about employee turnover, retirement age, investment results and life expectancy go into the annual contribution calculation. The advantage of this type of plan is employees are assured that, if they remain with your organization for a certain period of time, they will receive a specific retirement benefit. This can he an effective way of retaining employees. Form 5500 is required, and you must include a summary of actuarial calculations in your nonprofit's annual financial statements.

OPTIONS ABOUND

Needless to say, your employee retirement plan options are many and varied. Choosing one especially suited to your needs can be a daunting task. Please call us; we can help you figure it out.

Highly Compensated Employees Benefit From Section 457 Plans

Unlike many retirement plans, Section 457 plans are nonqualified retirement plans. That is, commercial businesses can't deduct them until they're paid to employees. But because that isn't an issue for tax-exempt organizations, these plans can be a good option for some highly compensated nonprofit employees. Section 457 plans are individually designed and generally cover only a limited number of employees (usually senior management), and contributions may be made regardless of contributions to other retirement plans.

Unfortunately, assets held in these plans are subject to the claims of an organization's general creditors, This can be a big disadvantage, so many variations of this plan (which are beyond the scope of this article) have been developed to deal with this concern. If you're considering implementing a Section 457 plan, call us today. We can help you set one up and advise you about how to administer it.

 


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