401K Law

If you're tired of hunting around for 401K Law info, you're definitely at the right place! This page is loaded down with explanations on how 401k's work plus there are all kinds of tips, tricks and frequently asked questions you can go over and review. We hope you find this page to be helpful and informative for you! Choosing the right retirement program can be a bit overwhelming if you don't know what to look for, so we've set this page up with as much 401 k information as we could get for you and made sure it's easy and painless for you. Here you go...

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Do you wonder if 401k's are a smart idea?

There are many advantages to saving for retirement through your workplace retirement savings plan, including a potential match from your company, as well as professional management of your investments. The best reason to save in your plan is plain and simple: it's up to you to save and invest for your own future.

Here are seven more reasons:

* You can increase your take home pay, really
* A company match can help your investments grow
* Automatic payroll deduction makes it easy to save
* Most of your plan's investment choices are managed by professionals
* Most plans allow access to your contributions in an emergency
* Account services keep you informed
* Your money can go with you, job to job

401K Law Tips:

Let's cover the IRS limits. First, a person's maximum before-tax contribution (i.e., 401(k) limit) for 2005 is $14,000. It's important to understand this limit. This figure indicates only the maximum amount that the employee can contribute from his/her pre-tax earnings to all of his/her 401(k) accounts. It does not include any matching funds that the employer might graciously throw in. Further, this figure is not reduced by monies contributed towards many other plans (e.g., an IRA). And, if you work for two or more employers during the year, then you have the responsibility to make sure you contribute no more than that year's limit between the two or more employers' 401k plans. If the employee "accidentally" contributes more than the pre-tax limit towards his or her 401(k) account, the employee must contact the employer. The excess might be refunded, or might be reclassified as an after-tax contribution.

Terms You Should Know:

Shares: Short for shares of a mutual fund investment. Each investors owns a percentage of a stock. company, corporation etc.

Corporate Bond Fund--General: Seek income by investing in fixed-income securities, primarily investment-grade corporate bonds.

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Important 401(k) Rules:

401k Rules Regarding Contribution:

* In 2005, the cap for individual contribution was $14,000.This number increased to $15,000 in 2006, and after 2006, the cap adjusts annually in $500 increments.
* The maximum total amount contributed to your 401k plan isthe lesser of 100% compensation or $42,000.
* If you’ll be age 50 or older by the end of theyear, you may make an additional “catch-up”contribution each year. The maximum “catch-up”contribution is $4,000 in 2005 and $5,000 in 2006.
* For highly compensated employees (those with income inexcess of $95,000 in 2005), they may not be allowed to contribute atthe maximum rate in the company.
* You can only contribute money to your 401k plan byautomatic payroll deduction.
* You may not get your employer’s match if you leave your employer in less than three years. However, more and more companies have began offering immediate vesting to their employees

401k Rules Regarding Withdrawals:

* Since you contribute money to your 401k plan tax free, youmust pay income taxes on all withdrawals, unless you rollover the moneyto another employer-sponsored plan or to an IRA.
* You have to wait until age 59 ½ to tap youraccount without a 10% early withdrawal penalty. However, if you leave your company when you’re age 55 or older, or if you become disabled, you don’t have to pay the 10% penalty.
* Many 401k plans only allow early withdrawal if it is for financial hardship purposes. An employer can determine its own definition of “hardship”, but many use“safe harbor rules” which allow withdrawals for the following reasons: 1) To pay medical expenses, 2) To cover down payment or to avoid eviction or foreclosure on primary residence, 3) To paycollege tuition, and 4) To cover funeral expenses for a family member.
* You must begin taking minimum required distribution (MRD)from your 401k plan by April 1 following the year your reach age 70½ or the year in which you retire, whichever is later. You can take more than MRD in a given year. However, you can’t rollover MRD to another tax-deferred account.

What's a 401k plan? Here's A Quick Overview...

Employer-sponsored retirement plans are normally grouped into 2 major categories: Defined Benefit (DB) and Defined Contribution (DC).
In a DB plan, the employer promises to pay a defined amount to retirees who meet certain eligibility criteria. In other words, the plan defines the benefit to be received. In its most typical form, a DB plan pays a lifetime monthly benefit to retirees who reach specific age and service requirements. Benefits are usually linked to the amount of service and based on final average salary. Employees can reasonably rely on a known and expected benefit level; although protection against post-separation inflation is usually limited and/or uncertain. The plan sponsor may also provide an alternative lump-sum "cash-out" of the benefit entitlement. Until relatively recent times, the DB was the dominant form of employer-sponsored retirement program.

In DC plans, the plan defines the contributions that an employer can make, not the benefit that will be received at retirement. The terminating employee receives the proceeds in a current or deferred lump sum or annuity. Since the benefit is not defined, the retirement outcomes are not known in advance.

**Disclaimer** The information on this page is as accurate as we could get it but is meant for information purpose only. It's not meant to be legal advice in which you use to make financial decisions. For any legal or financial matters, you should seek out a certified 401k or investment company or individual.

Other words associated with this page and topic would be: A 401K A Retirement Plan, roth 401 k, or 401K Tax