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Fox & Fox

Comparison of Retirement Plans

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Feature Basic Plan Type Who generally adopts Can employer sponsor other qualified retirement plans Who can contribute Cost index Maximum employee deferral contribution
401(k) Defined Contribution Corporations, partnerships, limited liability companies Yes   Low to High depending upon design complexity, service model adopted and other factors The lesser of $16,500 for 2010 (Indexed for inflation each year) or 100% of compensation
Solo 401(k) Defined Contribution Sole proprietorships, partnerships, limited ability companies and corporations with no common law employees Yes   Low to Medium The lesser of $16,500 for 2010 (Indexed for inflation each year) or 100% of compensation
Safe Harbor 401(k) Defined Contribution Sole proprietorships, partnerships, limited liability companies and corporations Yes   Low to Medium The lesser of $16,500 for 2010 (Indexed for inflation each year) or 100% of compensation
Simple 401(k) Defined Contribution Sole proprietorships, partnerships, limited liability companies and corporations with 100 or fewer eligible employees Yes   Low to Medium The lesser of $11,000 for 2010 (Indexed for inflation each year) or 100% of compensation
Profit Sharing Defined Contribution Sole proprietorships, partnerships, limited liability companies and corporations Yes   Low to High depending upon design complexity, service model adopted and other factors None
SEP IRA IRA Based Sole proprietorships, partnerships, and small businesses Yes   Low None. Contributions are generally by employer only
SIMPLE IRA IRA Based Sole proprietorships, partnerships, limited liability companies and corporations with 100 or fewer employees No Employee and employer Low The lesser of $11,000 for 2010 (Indexed for inflation each year) or 100% of compensation

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Feature Establishment deadline Funding deadline
401(k) By the last day of the plan year for which the plan is effective Employee contributions must be deposited as soon as administratively possible, but no later than 15 business days after the month in which the deferrals were made; employer contributions must be deposited by the time the corporate tax return (with extensions) is filed for the tax year in which the deduction is being taken
Solo 401(k) By the last day of the plan year for which the plan is effective Unincorporated businesses-employer/employee contributions: by the time the corporate tax return (with extensions) is filed for the tax year in which the deduction is being taken; incorporated businesses-employer contributions: by tax-filing date plus extensions and employee contributions must be deposited as soon as administratively possible, but no later than 15 business days after the month in which the deferrals were made
Safe Harbor 401(k) Any date between January 1st and October 1st; may not have an effective date that is before the date plan actually adopted Employee contributions must be deposited as soon as administratively possible, but no later than 15 business days after the month in which the deferrals were made; employer contributions must be deposited by the time the corporate tax return (with extensions) is filed for the tax year in which the deduction is being taken
Simple 401(k) Any date between January 1st and October 1st; as soon as administratively possible for businesses established after October 1st Employee contributions must be deposited as soon as administratively possible, but no later than 15 business days after the month in which the deferrals were made; employer contributions must be deposited by the time the corporate tax return (with extensions) is filed for the tax year in which the deduction is being taken
Profit Sharing By the last day of the plan year for which the plan is effective Contributions must be deposited by the time the corporate tax return (with extensions) is filed for the tax year in which the deduction is being taken
SEP IRA Established by the time the corporate tax return (with extensions) is filed for the tax year in which the deduction is being taken Funded by the time the corporate tax return (with extensions) is filed for the tax year in which the deduction is being taken
SIMLE IRA Any date between January 1st and October 1st; as soon as administratively possible for businesses established after October 1st Employee contributions must be deposited within 30 days after the end of the month in which the amounts would otherwise have been payable to the employee in cash; employer contributions must be deposited by the time the corporate tax return (with extensions) is filed for the tax year in which the deduction is being taken

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Can rollover to: IRA SIMLE IRA Roth IRA SEP IRA Simple 401(k) #1 Safe Harbor 401(k) #1 403(b) #1 Govern-mental 457 #1 401(k) #1 Roth 401(k) #5 Minimum vesting Loans Roth Contri-butions Allowed
401(k) Yes No No Yes Yes #3 Yes Yes Yes Yes No Immediate on Employee Contributi-ons; Employer contribute-ons can be subjected to vesting schedule Emp-loyer option Yes #6
Solo 401(k) Yes No No Yes Yes #3 Yes Yes Yes Yes  No Immediate Emp-loyer option Yes #6
Safe Harbor 401(k) Yes No No Yes Yes #3 Yes Yes Yes Yes No Immediate Emp-loyer option Yes #6
Simple 401(k) Yes No No Yes Yes #3 Yes Yes Yes Yes No Immediate Emp-loyer option Yes #6
Profit Sharing Yes No No Yes Yes #3 Yes Yes Yes Yes No Employer contributi-ons can be subjected to vesting schedule Emp-loyer option No
SEP IRA Yes No Yes Yes Yes #3 Yes Yes Yes Yes No Immediate No No
SIMPLE IRA Yes #2 Yes #2 Yes #2 Yes #2 #3 Yes #2   Yes #2 Yes #2 Yes #2 No Immediate No No

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Feature When can withdrawals be taken?
401(k) Withdrawals can generally be made for the following reasons:
  • Termination of employment
  • Disability
  • Death
  • Retirement
  • Hardship
If taken prior to an employee reaching age 59(1/2) may be subject to a 10% penalty; #4 withdrawals are generally considered taxable income
Solo 401(k) Withdrawals can generally be made for the following reasons:
  • Termination of employment
  • Disability
  • Death
  • Retirement
  • Hardship
If taken prior to an employee reaching age 59(1/2) may be subject to a 10% penalty; #4 withdrawals are generally considered taxable income
Safe Harbor 401(k) Withdrawals can generally be made for the following reasons:
  • Termination of employment
  • Disability
  • Death
  • Retirement
  • Hardship
If taken prior to an employee reaching age 59(1/2) may be subject to a 10% penalty; #4 withdrawals are generally considered taxable income
Simple 401(k) Withdrawals can generally be made for the following reasons:
  • Termination of employment
  • Disability
  • Death
  • Retirement
  • Hardship
If taken prior to an employee reaching age 59(1/2) may be subject to a 10% penalty; #4 withdrawals are generally considered taxable income
Profit Sharing Withdrawals can generally be made for the following reasons:
  • Termination of employment
  • Disability
  • Death
  • Retirement
  • Hardship
If taken prior to an employee reaching age 59(1/2) may be subject to a 10% penalty; #4 withdrawals are generally considered taxable income
SEP IRA Withdrawals can be taken any time; withdrawals taken prior to an employee reaching age 59(1/2) may be subject to IRS penalties; withdrawals are generally considered taxable income
SIMPLE IRA Withdrawals can be taken any time; withdrawals taken prior to an employee reaching age 59(1/2) and within the first 2 years of participation, may be subjected to a 25% early withdrawal penalty; after 2 years, a 10% early withdrawal penalty would apply; withdrawals are generally considered taxable income

  1. Even though a plan may accept rollovers, they are not required to do so. Hardship distributions cannot be rolled over.
  2. Only after the individual has participated in the SIMPLE IRA for two years.
  3. Some retirement professionals do not believe that the IRS Code permits such a rollover.
  4. There is an exception to this rule which allows an employee who retires during the calendar year in which they turn 55, or later, to withdraw without penalty.
  5. Roth 401(k) funds can only be rolled over to a designated Roth 401(k) account within 401(k) plan or to a Roth IRA.
  6. This is a design option that the plan may or may not permit.

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