| Ted's Table |
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October 9, 2001
I'm thinking about using my 401(k) rollover check to pay bills instead of putting the money in my new employer's plan. Can I cash this check for that purpose? ... What are the differences among mutual fund share classes, and what kinds are commonly offered in 401(k) plans? ... How does the $170,000 compensation limit work? ... We can't find former employees who left money in our 401(k) plan. Can we roll it back into the plan?
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Q: I just started a new job.
Recently, my former employer sent me the distribution check from my old 401(k) plan that I
planned to roll into my new employer's plan. But, I'm thinking about changing my mind. I'm
not sure I really want to invest it at this time considering the current state of the
market. I want to pay my bills off now just in case I lose my job due to the
recession. Can I cash the check and claim it as income on my taxes, and apply the penalty
at that time as well?
TB: You should call the
provider for your old plan and tell them you have changed your mind. You should be able to
return the check and have them reprocess it as a taxable distribution. You may have to pay
an additional fee to do this because the provider will have to issue a new check and
withhold taxes. The amount it is required to withhold for taxes will be equal to 20
percent of the total distribution. But, you may have to pay additional income taxes
depending on what tax bracket your income falls into. You will also have to pay a 10
percent early distribution penalty if you left your old employer before the year in which
you turned 55.
Typically, between 35 percent and 45
percent of the original balance is lost to taxes (federal, state and penalties) when
401(k) money is distributed early. As a result, I strongly recommend continuing with
the rollover you planned. Alternately, you could roll the money to an IRA rather than
a new employer's plan. This will give you more flexibility concerning possible
withdrawals.
I understand your concern that you may
lose your job, but you may not. Even if you do lose your job, you can withdraw the money
from the IRA at any time to pay off your bills. Again, you will owe appropriate taxes and
penalties. You can place the IRA money in a money market fund or some other non-stock
investment, particularly if you may have to withdraw the money in the near future to pay
your bills.
I do want to comment on your general
fear of investing in stocks at this time. Unfortunately many less knowledgeable investors
tend to buy stocks when the stock market is booming like it was three years ago and they
won't touch stocks during gloomy times. This is the opposite of what investors should do.
As an investor sometimes you need to adopt a consumer's outlook. When prices are falling,
that's the time to be bargain hunting. Here's an apt illustration: would you rather buy
the same new car for $20,000 or $15,000? The answer is obvious.
We have taken a terrible market hit
and the trauma is likely far from over which means things could still get worse. Despite
this fact, the opportunity also exists to obtain attractive gains by investing now. The
chances of a 15 percent gain during the next 12 months are better now than was the case
when the Dow Jones average was at 10,500 a few months ago.
Q: What are the differences between
class A, B and C shares for a particular fund? What type is found most commonly in a
401(k)?
Also, if, in your 401(k), you sell
shares of front-loaded fund X and buy shares of front-loaded fund Y, do you have to pay a
front-load charge again if you decide to return to fund X in the future?
TB: The different classes of a
particular fund have different acquisition costs and annual management fees. Some involve
front-end loads, which reduce the amount that is actually invested to buy fund shares. For
example, a 5 percent load means that only 95 cents of every $1.00 you contribute is used
to buy shares.
Shares with higher annual fees reduce
your net return each year by this additional fee, which applies to the total amount you
have invested. For example, assume the fund management fee is 1.0 percent for A shares and
1.5 percent for C shares. Investors who own C shares will get a 0.5 percent lower return
than investors who own A shares.
Larger 401(k) plans invest in A shares
and they may even receive additional fee breaks or rebates. Shares with less attractive
fee structures are common among plans of smaller employers, particularly those that have
less than $1 million in plan assets.
There typically isn't any cost when
you move from one fund to another within the same fund family, but you should check with
your plan provider before you make such a transfer because the rules for switching do
vary.
Q: I have a question regarding the
$170,000 compensation limit. Say I work from Jan. 1 to Dec. 31 in 2001. By Oct. 15, my
reportable W-2 wages reach $170,000. Will my employer automatically shut me off from any
future salary reduction or matching contributions?
My goal is to contribute up to the
salary deferral limit for 2001 of $10,500 and if my employer cuts me off at $170,000 in
October I will not reach $10,500 based on the percentage that I take from my pay.
I only defer a small percentage
because I will not get the full benefit of my matching program if I front-load my
contributions. My match is per pay period, so I know it's to my benefit to contribute for
the full calendar year. Please let me know your thoughts.
TB: The way you have structured
your contributions is the right way if your employer matches only during pay periods when
you are contributing; however, neither employee nor employer contributions can be made
from compensation in excess of $170,000. This means you have to plan your contributions so
that you hit the $10,500 maximum by the time you earn $170,000. You should have been
contributing 6.18 percent of your pay ($10,500 divided by $170,000) for the entire year so
that you reach the limit by the time you earn $170,000. If you have been contributing
less, you should increase your contributions so you hit $10,500 by the time you earn
$170,000.
For 2002, the annual individual
contribution limit will rise to $11,000 from $10,500 and the maximum annual compensation
limit will rise to $200,000 from $170,000. This means you should contribute 5.5 percent if
you want to hit the $11,000 limit by the time you earn $200,000.
Q: What can we do if we were unable
to locate some previously terminated employees to give them distributions of their final
401(k) balance? We were never able to locate them by phone or mail. Can we roll this money
back into the plan and distribute it among the existing participants?
TB: You may not roll this money
back into the plan. It is not the plan's money, it is the property of those former
employees. You will need to find them.
One way of finding former employees is
to ask other current or former employers who may have been friends with those you can't
find. Other possibilities are to place newspaper ads or to contact the Social Security
Administration.
A set of new 401(k) plan laws, which
take effect Jan. 1, 2002, also permit employers to automatically roll vested benefits that
are less than $5,000 and more than $1,000 to an IRA on behalf of the employee. This
provision will help somewhat but you should wait for further guidance from the IRS as to
how it will work before you use this new feature.
Another approach that will work is to
make a distribution and withhold 100 percent for taxes. The former employee will
ultimately get a refund of any excess taxes that have been paid. For example, it the
vested benefit is $500, pay this amount to IRS as withheld taxes for the former employee.
Benefits that can't be paid ultimately
go to the state under the eschew laws rather than being reallocated to other employees. It
is then up to the former employee to claim the money from the state.
Ted Benna, creator of the first 401(k) retirement savings
plan, will answer your most intriguing questions every Tuesday. With over 30 years of
experience as an employee benefits consultant, Ted is a nationally recognized expert on
benefits issues. He has authored two books, Helping Employees Achieve Retirement Income
Security and Escaping the Coming Retirement Crisis, and is President of the
401(k) Association. Ted is a frequent speaker at meetings of 401(k) plan sponsors and
participants. His articles and comments have appeared in numerous publications, including The
New York Times and The Wall Street Journal.
Read Ted Benna's Biography
Ted's Table Archives
The information provided here is intended to help you understand the general issue and
does not constitute any tax, investment or legal advice. Consult your financial, tax or
legal advisor regarding your own unique situation and your company's benefits
representative for rules specific to your plan.
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