Alliance Benefit Group of Michigan

30100 Telegraph Road, Suite 170, Bingham Farms, Michigan 48025 | Ph: 248-540-5300 | Fax: 248-540-5318

401(k) Plan

A 401(k) plan is one that allows employees to contribute a portion of their salary on a pre-tax basis. The employer may make additional contributions to the plan in the form of a matching contribution or non-elective contribution.

401(k) plans are subject to special non-discrimination testing that may limit the amount that highly compensated employees may contribute to a multiple of the average contributed by non-highly compensated employees.

More and more employees perceive 401(k) plans as a valuable benefit which have made them the most popular retirement plans today. Employees can benefit from a 401(k) plan even if the employer makes no contribution. Employees voluntarily elect to make pre-tax contributions through payroll deductions up to an annual maximum of $12,000 (2003 limit).

Employees 50 years of age or older may elect to take advantage of newly enacted "Catch-Up" provisions, and contribute an additional $2,000 (2003 limit) bringing their annual total up to $14,000. The "Catch-Up" provision is scheduled to increase $1,000 each year through 2006. The additional contribution is not subject to non-discrimination or employer maximum deduction limitations.

Often the employer will match some portion of the amount deferred by the employee to encourage greater employee participation, i.e., 25% match on the first 4% deferred by the employee. Since a 401(k) plan is a type of profit sharing plan, profit sharing contributions may be made in addition to or instead of matching contributions. Many employers offer employees the opportunity to take hardship withdrawals or borrow from the plan.

Employee and employer matching contributions are subject to a special nondiscrimination test which limits how much the group of employees referred to as a "Highly Compensated Employees" can defer based on the amount deferred by the "Non-Highly Compensated Employees." The plan may be designed to satisfy "401(k) Safe Harbor" requirements (certain minimum employer contributions and 100% vesting of employer contributions) which can eliminate this nondiscrimination test.

Alliance Benefit Group, its subsidiaries, and all employees thereof, are not engaged in the practice of rendering legal services, accounting or other professional advice. Although care has been taken to provide accurate guidance, the preparer of this communication disclaims any implied or actual warranties as to the accuracy of any material herein and all liability with respect thereto.

IRS CIRCULAR 230 DISCLOSURE: As stated above, Alliance Benefit Group does not provide tax advice. To the extent this communication (including attachments), mentions or discusses any tax matter, it is not intended or written to be used, and cannot be used by the recipient or any other person, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party the matter addressed herein. Any taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.