401k Plan Design Options and Benefits

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A well-designed 401k plan can make a huge difference in your financial future. With so many options available, it can be overwhelming to choose the right plan for your business.

One of the most popular 401k plan design options is the Safe Harbor plan, which requires employers to make a minimum contribution to employees' accounts. This plan is particularly beneficial for small businesses with limited resources.

Employers can also offer a Roth 401k option, which allows employees to contribute after-tax dollars and potentially withdraw their contributions tax-free in retirement. This can be a great perk for employees who prefer to pay taxes now rather than later.

A 401k plan can also be designed with a profit-sharing component, where a portion of the company's profits are allocated to employee accounts. This can be a great way to reward employees for their hard work and dedication.

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Plan Design Basics

A well-designed 401k plan is crucial for attracting and retaining top talent. Employers can offer a range of plan options to meet the diverse needs of their workforce.

A key consideration is the plan's eligibility criteria, which can include factors such as age, job title, or years of service. Typically, plans require employees to work for the company for at least one year to be eligible to participate.

Choose a Safe Harbor

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Choosing a safe harbor plan can be a great option for small businesses, especially those that struggle with ADP/ACP and top heavy testing. Traditional 401(k) plans are subject to these tests, but safe harbor plans automatically pass them by meeting certain contribution and participant disclosure requirements.

Safe harbor plans come in two sub-types: conventional and Qualified Automatic Contribution Arrangements (QACAs). A QACA includes an automatic enrollment feature, which can be a great way to encourage employees to contribute to their retirement savings.

Here are the key differences between traditional and safe harbor plans:

Remember, safe harbor plans require employers to make a qualifying safe harbor contribution to plan participants. This can be a nonelective or matching contribution, and all eligible participants will receive it.

Define Compensation

Defining compensation is a crucial step in plan design, and it's essential to get it right. You have three options for a starting point: W-2 wages, 3401(a) wages, or the 415 safe harbor. Most employers choose W-2 wages because it's the most easily obtainable.

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You can exclude certain forms of compensation from plan compensation, but be careful not to discriminate against non-highly compensated employees (non-HCEs). The 414(s) safe harbor forms are often excluded to avoid nondiscrimination testing.

Pre-entry compensation, certain fringe benefits, and highly compensated employee (HCE) compensation can be excluded from plan compensation. This can help simplify plan administration and avoid unnecessary testing.

For self-employed individuals, plan compensation is based on earned income, which is calculated using IRS Form 1065 - K‐1, Line 14(a) for partners or IRS Form 1040, Schedule C, Line 31 for sole proprietors. This amount is then reduced by deductions related to Section 179 expenses and contributions made to employees.

You can choose to define your compensation as W-2 (box 1 wages) plus deferrals, 3401(a) wages, or Section 415 Safe Harbor. Here's a brief summary of each option:

By understanding your compensation options and choosing the right one for your plan, you can ensure compliance with regulations and make informed decisions about your plan design.

Expert Design Saves Thousands

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Expert design can save you thousands. A small business can save tens of thousands by choosing one 401(k) plan design over another, while still meeting their plan goals.

Expert plan design can take as little as 30 minutes with the help of a design pro. That's a small price to pay to maximize the benefits of your 401(k) plan.

Expert design can also help you tailor a plan that works for your company and your employees. Your 401(k) plan provider can walk you through your plan design choices and help you make informed decisions.

With expert design, you can add features like employer matching or profit sharing to share the wealth with your employees. You can also add automatic enrollment to get more employees involved in saving for retirement.

By investing a little time and effort into expert design, you can create a 401(k) plan that benefits both your business and your employees.

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Plan Eligibility

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You can let employees enter the plan immediately or require them to meet minimum age and service conditions first. The maximum age and service conditions your plan can require are age 21 and 1 year of service for elective deferrals and safe harbor contributions, and age 21 and 2 years of service for other contributions.

You have two options for crediting employee service for plan eligibility purposes: elapsed time, which is the easiest method and only requires employment dates, or counting hours, which requires employees to work a specified number of hours during an Eligibility Computation Period (ECP).

An ECP can't be more than 12 months long or require the employee to work more than 1,000 hours of service. An employee's initial ECP commences on their hire date.

You can define an entry date for when employees become eligible to participate in the plan, and your options include immediate, monthly, quarterly, and semi-annual.

Here are the minimum requirements for plan eligibility:

You can exclude certain employees from plan participation altogether as long as annual coverage testing can pass.

Plan Administration

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When designing a 401k plan, it's essential to consider plan administration. A third-party administrator, or TPA, can take care of the day-to-day tasks, ensuring your plan remains compliant with ERISA standards.

A TPA is responsible for running the plan, which includes communicating with the company and helping to minimize administrative fees. They can also help with claim issues and answer questions from employees.

By hiring a TPA, you can save time and money that would be spent on training someone to handle the plan's rules and regulations. This can be a cost-effective solution for companies looking to offer a retirement plan to their employees.

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Administration

Many companies hire a third-party administrator, or TPA, to handle retirement plan administration. This can be a cost-effective option, as it frees up time and resources that would otherwise be spent on training and compliance.

A TPA is responsible for ensuring the plan remains compliant with ERISA standards. They also communicate with the company, answering questions and providing guidance.

Companies that hire a TPA can minimize claim and administrative fees, which can be a significant cost savings.

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Plan Administration

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Vesting schedules can significantly impact employee participation and retention. Employers typically choose between graded vesting and cliff vesting schedules.

Graded vesting schedules grant more ownership of employer contributions for each year of service. For example, a plan may state that an employee becomes 25% vested for each year of service until they are 100% vested.

Employers can choose the rate at which vesting occurs, but it must be at least as generous as the minimum of 20% vested at two years increasing by 20% per year until the employees are fully vested at six years.

Immediate vesting, on the other hand, gives employees full ownership of employer contributions as soon as they receive them. This can be a great incentive for employees to participate in the plan.

Cliff vesting schedules hand over full ownership of contributions after a period of no ownership. For example, a plan may state that the employee must complete two years before they are 100% vested.

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Here are the three main vesting schedules:

  • Immediate – Employees are immediately vested in (or own) 100% of employer contributions as soon as they receive them.
  • Graded – Vesting takes place in a gradual manner, with employees vesting at a rate of 20% a year until they are fully vested.
  • Cliff – The entire employer contribution becomes 100% vested all at once, after a specific period of time.

Employers should consider the impact of vesting schedules on employee participation and retention when designing their plan.

Withdrawals and Loans

Withdrawals and loans are an essential part of any 401(k) plan. Your plan design will outline the rules for various types of withdrawals.

Termination withdrawals allow employees to access their funds when they leave the company. In-service withdrawals can be made at age 59 ½ or through a rollover at any time. Hardships can also trigger withdrawals, but these are typically subject to certain conditions. Qualified Domestic Relations Orders (QDROs) and Required Minimum Distributions (RMDs) are also types of withdrawals that may be allowed under your plan.

Allowing participant loans can be a popular feature with employees, but it adds administrative complexity. You should understand the participant loan rules before adding the feature to your plan. The maximum amount of a loan can be a key consideration.

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Here are the types of withdrawals and loans your plan design should cover:

  • Termination
  • In-service withdrawals (at attainment of age 59 ½; rollovers at any time)
  • Hardships
  • Qualified Domestic Relations Orders (QDROs)
  • Required Minimum Distributions (RMDs)

Having a loan provision can help alleviate employees' fears about their savings being "locked up." It also means employees can access their money if they need it and pay themselves back plus interest.

Benefits for Businesses

If you're a business without employees, you can still offer 401(k) benefits to yourself and your spouse through a Solo 401(k) plan.

This type of plan allows you to save up to $70,000 or more per year, making it a great option for self-employed individuals and owner-only businesses.

You'll need to be committed to saving more than $7,000 per year to take advantage of this plan, otherwise an IRA might be a better fit.

Once you have employees, you'll need to consider one of the other plan designs, which we'll discuss later.

Plan Features

A 401(k) plan can be a great way to help employees save for retirement, and one of the key features is the ability to maximize personal contributions through an immediately vesting match for all employees.

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Employer matching contributions are also tax deductible for the business, which can be a nice bonus. This can be a win-win for both the employer and the employees.

Here are the benefits of a Safe Harbor plan:

  • Automatically satisfies IRS non-discrimination testing.
  • Employer matching contributions are tax deductible for your business.
  • Guarantees that all employees will be able to contribute the maximum amount to their accounts if they choose.

Most employers choose to match either 3% or 4% of salary, which is a common and effective way to encourage employee participation in the plan.

Post Termination Distributions

Post Termination Distributions are an important feature of a 401(k) plan. Many plans only allow a lump sum distribution option, but you can also offer partial or installment payments.

You can add an involuntary distribution provision to force out small account balances, which are typically defined as under $5,000.

This means that if a participant has a small balance in their account, the plan can automatically distribute the funds, rather than leaving them to languish in the account.

Participant Loans

Participant loans can be a valuable feature in your retirement plan, but it's essential to understand the rules before adding it.

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You can choose to allow or prohibit participant loans, and if you do allow them, employees can borrow money from their retirement accounts.

Loans are often popular with employees, but they can add administrative complexity for you.

You'll need to decide on the maximum amount of the loan, which can be a significant consideration.

Here are the key rules to keep in mind:

Remember, loans have the potential to derail employees' retirement dreams, so consider the trade-offs carefully.

A Safe Harbor plan is a popular choice among employers because it automatically satisfies IRS non-discrimination testing.

This means that all employees, including the owner, will be able to contribute the maximum amount to their accounts if they choose.

Employer matching contributions are tax deductible for the business.

Here are some key features of Safe Harbor plans:

  • Immediately vesting match for all employees
  • Automatically satisfies IRS non-discrimination testing
  • Employer matching contributions are tax deductible

By providing a matching contribution to all employees, employers can ensure that everyone is able to contribute to their retirement savings.

Investment Options

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Index funds are a popular choice for 401k plan assets due to their diversity and low maintenance requirements. They offer a wide range of investment options that can help employees achieve their long-term financial goals.

Plan sponsors should regularly monitor investment options to ensure they are optimal for employees. This includes keeping an eye on fees and performance to ensure they are aligned with the plan's objectives.

A diverse range of high-quality investment options is required by ERISA 404(c) to ensure that employees have a variety of choices. This can include stocks, bonds, and other investment vehicles.

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Customize to Your Needs

Traditional plans offer more options to tailor to your business needs, allowing you to decide whether to provide a match and structuring it in a way that works for you.

Employers can choose to match or not match employee contributions, giving you more flexibility in your plan design. This can be a great option for businesses with seasonal cash flows or high employee turnover.

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With traditional plans, you can establish vesting and eligibility rules to reward loyal employees and retain them. This can be a powerful tool for employee retention and reducing costly turnover.

Automatic enrollment is often a good idea with traditional plans, especially if you want to ensure your plan passes IRS testing requirements. Set the enrollment at 5% or more to increase your chances of passing plan tests.

Highly compensated employees can only contribute two percent more of their salary than the average percent contributed by non-highly compensated employees. For example, if the average employee contributes 4% of their salary, the owner and highly-compensated employees can contribute no more than 6% of their salaries.

Expert Guidance

Expert guidance is key to creating a 401(k) plan that works for your business and employees.

Expert 401(k) plan design can save you thousands of dollars by choosing the right plan design, which is a big deal that shouldn't be undervalued by business owners.

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It can take just 30 minutes or less with the help of a design pro to get expert plan design, a small price to pay to maximize the benefits of your 401(k) plan.

Your 401(k) plan provider can walk you through your plan design choices and help you tailor a plan that works for your company and your employees.

At Betterment, they draft the plan document for you and provide it to you for review and final approval, making it easy to offer your employees a better 401(k).

Your business is likely to evolve, and your plan design can evolve too, so it's good to have a plan that can adapt to changes like a drastic increase in profits or stagnating plan participation.

Every Detail Matters

When designing a 401(k) plan, it's essential to consider the type of plan that best suits your company's needs. This includes choosing between different types of plans, such as traditional or Roth 401(k).

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A one-size-fits-all approach won't cut it here, as every company is unique and has different requirements. You'll need to consider factors like contribution structures, vesting schedules, and distribution options.

The type of plan you choose will have a significant impact on your employees' retirement savings. For example, a traditional 401(k) plan allows employees to contribute pre-tax dollars, while a Roth 401(k) plan allows them to contribute after-tax dollars.

Clear communication is key when outlining the details of your 401(k) plan. This means clearly outlining the details you choose in your plan document, so employees understand what they're getting into.

Employer

As an employer, you have the opportunity to contribute to your employees' 401(k) plans, which can be a great way to attract and retain top talent.

Employer contributions can be a powerful tool to encourage employees to enroll in the plan. Free money is a great incentive, and many employers are offering profit sharing or matching contributions.

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Some common employer contributions include safe harbor contributions, discretionary matching contributions, and non-elective contributions.

Safe harbor contributions can be especially beneficial, as they allow you to avoid certain time-consuming compliance tests. These contributions often follow a formula, such as a percentage of compensation.

Discretionary matching contributions give you the flexibility to adjust the matching rate as your business needs change. For example, you could elect to match 50% of contributions on up to 6% of compensation.

Non-elective contributions are also an option, where you contribute to your employees' 401(k) accounts each pay period, regardless of whether they contribute. This can be a lump-sum amount or a percentage of employees' salaries.

Employer contributions are also tax deductible, up to 25% of total eligible compensation, which can help reduce the cost.

Here are some examples of employer contributions:

  • Safe harbor contributions – With the added bonus of being able to avoid certain time-consuming compliance tests.
  • Discretionary matching contributions – You decide what percentage of employee 401(k) deferrals to match and the maximum percentage of pay to match.
  • Non-elective contributions – Each pay period, you have the option of contributing to your employees' 401(k) accounts, regardless of whether they contribute.

By offering employer contributions, you can play a key role in recruiting and retaining top employees.

Employee Involvement

Employee contributions are subject to limits, with a maximum allowable contribution of $23,000 in 2024 for traditional and safe harbor plans.

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Employees aged 50 and above can make "catch-up" contributions, allowing them to contribute an extra $7,500 for catch-up contributions.

Automatic enrollment is a powerful plan design feature that can boost participation rates and encourage employees to start saving for their future.

In 2023, 59% of all plans had adopted automatic enrollment, a record high, and among plans with at least 1,000 participants, 77% have adopted this feature.

Related reading: 401k Open Enrollment

Choose Employee and Employer Shares

When choosing how to structure your 401(k) plan, it's essential to consider both employee and employer contributions. Many employers opt to match a portion of their employees' contributions or make nonelective contributions which can be tax-deductible on the employer's federal income tax returns.

You'll want to prioritize employee contributions, followed by safe harbor contributions, and then discretionary contributions. This order makes sense because it allows employees to take control of their retirement savings, while also providing a safety net for employers.

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Employer contributions can be a great way to encourage employees to enroll in the plan. Some common types of employer contributions include safe harbor contributions, discretionary matching contributions, and non-elective contributions.

Safe harbor contributions can be a good option for employers, as they can avoid certain time-consuming compliance tests. These contributions often follow a formula, such as matching a certain percentage of employee contributions.

Discretionary matching contributions offer more flexibility, allowing employers to adjust the matching rate as their business needs change. For example, an employer could match 50% of contributions on up to 6% of compensation.

Non-elective contributions, such as profit sharing, can be made at the end of the year as a percentage of employees' salaries or as a lump-sum amount. These contributions are also tax-deductible, making them a cost-effective option for employers.

Here's a brief summary of the different types of employer contributions:

Employee Retirement Savings Progress

Employee retirement savings progress has been steadily increasing over the years. In 2023, 59% of all plans had adopted automatic enrollment, a record high, compared to only 34% ten years ago.

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Automatic enrollment has been a game-changer for employee retirement savings. Plans with automatic enrollment have seen a 60% higher total savings rate compared to those that voluntarily enroll.

Employee participation rates have also improved significantly. The overall average plan participation rate remained at an all-time high of 85% in 2023. This is a far cry from the 1 in 3 employees who didn't participate in their employer plan when How America Saves began publishing over two decades ago.

Employees in plans with automatic enrollment are saving more too. In 2023, employees in plans with automatic enrollment saved 12.3% of their income, while those in plans that voluntarily enroll saved only 7.4%.

Here are some key statistics on automatic enrollment:

Overall, automatic enrollment has been a key factor in improving employee retirement savings rates. It's a feature that's definitely worth considering if you want to see your employees save more for their future.

Anna Durgan

Junior Assigning Editor

Anna Durgan is a seasoned Assigning Editor with a passion for guiding writers in crafting compelling stories that educate and inform readers. With a keen eye for detail and a deep understanding of the publishing industry, Anna has honed her skills in assigning and editing articles on a range of topics. Anna's expertise lies in managing complex editorial projects, from researching and assigning articles to ensuring timely publication.

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