ROLLOVER
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STIFEL |
Retirement |
NICOLAUS |
Plans Quarterly |
1st Quarter 2009 |
First Quarter 2009
IRAs FOR 2008 AND 2009
Contributions to traditional and Roth IRAs for the
2008 tax year can be made until (and including) Wednesday, April 15,
2009. Contributions to traditional or Roth IRAs are limited to the
lesser of 100% of earned income or $5,000 ($6,000 age 50 or older) for
2008 and 2009. In addition, a spousal contribution may be made to an
IRA established for a spouse with little or no earned income if the
married couple files a joint tax return. The spouse receiving the
contribution must be under the age of 70 � for the year in which the
contribution is made (applies to traditional IRA, not Roth IRA).
Traditional IRA Deductibility
The tax deduction for a traditional IRA contribution
is based on whether an individual is an "active participant" in a
qualified retirement plan (QRP), 403(b), SEP, or SIMPLE IRA. If so,
the individual�s tax return filing status and their adjusted gross
income (AGI) are considered. If a single individual is not an active
participant, contributions, regardless of the individual�s income, are
fully deductible. For married couples filing a joint return, if
neither spouse is an active participant in a plan, contributions for
each are tax-deductible.
Single filers
If a single individual is an active participant and
has AGI of $53,000 ($55,000 for 2009) or less, his or her contribution
is fully deductible. A partial deduction is allowed if the AGI is
between $53,000 and $63,000 ($55,000 - $65,000 for 2009).
Married filers
treated independently
If one spouse is an active participant
and the other is not, both individuals� deductions are subject to
different AGI limits. For the spouse who is an active participant, a
fully deductible 2008 contribution is allowed with joint AGI of
$85,000 ($89,000 for 2009) or less. A partial deduction is available
for AGI between $85,000 and $105,000 ($89,000 - $109,000 for 2009).
The spouse who is not an active participant may make a fully
deductible 2008 contribution if the couple�s AGI is $159,000 ($166,000
for 2009) or less. A partial deduction is allowed if their AGI is
between $159,000 and $169,000 ($166,000 - $176,000 for 2009).
Roth contributions
Contributions to Roth IRAs are always
non-deductible, and the following income levels apply.
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Single individuals
are eligible to make a maximum
contribution for 2008 if their AGI does not exceed $101,000
($105,000 for 2009). Partial contributions are allowed for AGI
between $101,000 and $116,000 ($105,000 - $120,000 for 2009).
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Married couples
filing jointly are eligible to
make a maximum contribution for 2008 if their AGI does not exceed
$159,000 ($166,000 for 2009). A partial contribution may be made
if AGI is between $159,000 and $169,000 ($166,000 - $176,000 for
2009).
Note that the aggregate total
of all contributions to both traditional and Roth IRAs may not exceed
$5,000 per individual or $10,000 per married couple, plus catch-up
contributions, if applicable.
Now is the season to make contributions to IRAs for
2008. Why not think about making a 2009 contribution at the same time?
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REQUIRED MINIMUM DISTRIBUTIONS (RMDs) SUSPENDED
FOR 2009
On December 23, 2008, President Bush signed into
law, The Worker, Retiree, and Employer Recovery Act of 2008, which
includes a provision that provides relief by suspending the 50%
penalty for failing to take RMDs for 2009. This one-year
suspension includes RMDs from IRAs and employer-sponsored defined
contribution retirement plans for account owners and
beneficiaries.
How This Affects RMDs
Generally, IRA holders and participants in
employer-sponsored contribution plans (who are 5% or greater
owners of the business) who are over the age of 70 � are required
to withdraw a portion of their IRA or plan assets each year to
satisfy their RMD. Failure to do so can be costly, as the IRS
imposes a 50% penalty on the required amount if not taken by the
due date. However, the 50% penalty is waived for 2009 RMDs. This
means that those individuals who are scheduled to take an RMD for
2009 may choose to skip the distribution completely, or continue
to take all or a portion of the RMD for the 2009 tax year.
First Year RMDs
Note that this temporary suspension is for 2009
RMDs only and individuals that turned 70 � in 2008 and elected to
defer their first distribution to April 1, 2009, must still take
that 2008 distribution prior to April 1, 2009. On the other hand,
those turning 70 � in 2009 will be allowed to skip their 2009 RMD
and take their first RMD by December 31, 2010 (no delay to April
1, 2011 allowed for this distribution).
Beneficiaries Included
In addition to RMD waivers for IRA and plan
participants, beneficiaries who inherit deceased IRA or plan
participants� assets are also granted a 2009 RMD suspension.
Individuals currently taking periodic distributions from an
inherited IRA can stop withdrawals for 2009 and begin again in
2010, even if the first RMD would have been paid in 2009.
If the five-year payout option was previously
selected, 2009 may be excluded as one of the five years for
determining the final payout. As an example, if an IRA or
retirement plan holder died in 2008, the account balance would
have to be paid to the beneficiary by the end of the year of the
fifth anniversary of death, which would normally have occurred on
December 31, 2013. However, by eliminating 2009 as one of the
years, the balance must be paid from the inherited IRA or plan by
December 31, 2014.
RMD Plan Relief
Due
to the extraordinary economic downturn, many Americans� retirement
savings accounts have lost substantial
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market value, and RMDs
would further deplete their tax-deferred accounts. This suspension
will allow for assets that would have been taken in 2009 to remain
in IRAs or employer-sponsored plans and was designed to provide
relief for the possibility of market value recovery.
RESPONDING TO MARKET TURMOIL
The unprecedented events
over the last several months are forcing plan sponsors and
fiduciaries to re-evaluate investment offerings and address
employees� concerns regarding the safety of their retirement
savings. Plan sponsors and fiduciaries should incorporate an
investment review, proactive employee communications, and
effective fiduciary governance controls into their monitoring
role.
Investment Review
Plan fiduciaries are
responsible for the prudent selection and monitoring of investment
options offered within defined contribution plans. Retaining an
independent third-party investment advisor to assist in reviewing
investment options on a regular basis is considered to be a best
practice. The plan sponsor should consult with the investment
advisor about changes to the investment menu, investment policy
statement, or any actions to correct deviations from the
investment policy statement.
Recent events should prompt
prudent fiduciaries to enhance steps concerning the review of
their investment options, especially investments previously
considered to be low risk. These should be carefully examined to
determine exposure to troubled or failed companies and effects of
the current financial environment and events on the investments,
such as drop in rating. Sponsors may wish to consider a special
meeting or a temporary increase in frequency of monitoring their
plans. Mergers, menu changes, and any other previously planned
items should be evaluated in light of the economy. Many plan
sponsors are now considering the addition of an "income for life"
type of investment option.
Proactive Employee Communication
Plan sponsors and
fiduciaries should educate participants on the generally accepted
investment principles such as diversification, risk tolerance,
time horizon, etc. In addition, providers and advisors should also
make available resources to address the need to save, the benefits
of doing so, and tools to help gauge retirement income needs.
Many employees undoubtedly
will have questions and concerns about how the current credit and
financial crisis will affect their retirement savings, and those
employees nearing retirement may express heightened concerns.
Fiduciaries and plan sponsors may want to communicate with
employees now more than ever to allay their fears and leverage
these unfortunate events to remind employees about the importance
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diversification, rebalancing, and dollar cost averaging and to
discourage them from making emotional decisions to stop or reduce
contributions. Of course, it should be noted that diversification
and dollar cost averaging do not ensure a profit and may not
protect against loss in a declining market. For dollar cost
averaging to be effective, investors must continue investing
during periods of falling prices.
Many providers have developed special materials
and frequently asked questions (FAQs) as a means of addressing
these current events in a timely manner. Plan sponsors should
consider special education sessions regarding the plan�s risk
features and to assure participants that events are being
monitored. It would also be prudent to review existing plan
communication pieces and investment fact sheets to determine if
descriptions of the plan�s investment choices and their related
risk factors need to be revised in light of the recent upheaval in
the financial markets.
Fiduciary Governance
A
fiduciary must demonstrate prudence by the process through which
investment selections, investment monitoring, fee oversight, and
other plan decisions are made. A well-defined and thoroughly
documented process can be a significant defense tool. Other best
practices would be to identify parties-in-interest and
disqualified persons and their affiliates while looking out for
conflicts of interest on all transactions, paying special
attention to conflicts in advisor and fee arrangements. As always,
plan sponsors should document any advice received and all actions
taken.
During times of economic turmoil, fiduciaries
may want to more frequently monitor investments as well as review
previously selected Qualified Default Investment Alternatives to
determine if they are still prudent. The plan�s policies,
procedures, and operation should be regularly audited.
Additionally, fiduciaries should evaluate all service agreements
with special emphasis on termination provision, indemnification
provision, and all fees charged. They should determine if any
service providers (trustees, investment managers, TPAs) have been
affected by the recent economic events and consider if action is
necessary.
Times of crisis create an even greater need for
plan sponsors to carefully evaluate all aspects of their plan and
to communicate frequently with plan participants.
DOWN MARKETS CAN BE AN OPPORTUNITY FOR 401(K)
INVESTORS
We have all heard the media using phrases like
"the market plummets," "investors panic," and comparing today�s
circumstance to �The Great Depression.� But is this a valid
comparison? Yes, there are some likenesses: unemployment was high
(a staggering 25% during the Depression, today it�s at 7.6% 1);
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banks were failing (then 26% of banks failed,
today the number is 0.17% 2); and of course, a volatile
market (S&P 500 losing 71% between 1929 and 1933; and in 2008, the
market ended down 38.49%3).
What Should I Do?
Various decisions affect
the growth of your retirement account, such as: how much you defer
from your paycheck, where your account is invested, the years in
which you are in the market, whether the market produces
returns/losses over those periods, etc. In times like this when
the investment market is in decline, it is easy to say, "I will
just stop contributing to the plan until the market gets better."
Below is a chart that shows
three different participants saving $1,000 each year for 20 years,
with the performance of their portfolios being tracked until March
1960. Market performance is based upon the S&P 500. Participant A
started saving in March of 1928 (prior to the Great Depression and
at the peak of the market) and continued to invest all the way
through the Great Depression. Participant B also began saving in
March 1928, but stopped investing from 1929 - 1932 and then got
back into saving in January 1933. Participant C began investing
January 1933, just after the end of the Great Depression. So, how
well did each participant�s 401(k) account weather the worst
market in history.
This is a hypothetical illustration and is
not intended to portray the results of any particular investment.
Indices are unmanaged and you cannot invest directly in an index.
Conclusion: Participant A
emerges victoriously, and as a reward for his/her unwavering
investment strategy a $5,000 gain was recognized over Participant
B and a $6,000 gain over Participant C. By not letting the media
or emotions take precedent over a sound investment approach, this
downturn in the market could turn out to be one of opportunity
rather than despair.
1 Department of Labor, Bureau of Statistics
2 J.R. Walter, Depression Era Bank Failures
3 Standard & Poor�s
Written by Jillian Grimm, Client Service
Associate, on behalf of Doug Prince, Senior Vice President /
Investments, Stifel, Nicolaus & Company, Incorporated,
Indianapolis, Indiana, (317) 571-4560.
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FORM 5500 CHANGES IN STORE
Last year, the U.S. Department of Labor�s (DOL)
Employee Benefits Security Administration, the Internal Revenue
Service, and the Pension Benefit Guaranty Corp. (PBGC) announced
the publication of revisions to the Form 5500 annual
return/report. The DOL�s goal is that plan sponsors will have a
firmer grip on the information concerning their plan�s investment
costs, including payments to service providers and other plan
intermediaries.
Illustrated below are changes to Form 5500,
schedules and filing process, and types of plans impacted. Plan
types that may be impacted by these changes include: Defined
Benefit (DB), Employee Stock Option (ESOP), Defined Contribution,
Money Purchase, Small Plan (under 100 employees), Large Plan (over
100 employees), and EZ 5500 filers (owner(s) & spouse(s)). Most
changes are effective for plan year 2009, unless otherwise noted.
Form 5500 � The main body of
the Form provides a detailed annual report of plan and participant
information. The changes to the main body of the Form include:
� An electronic filing is required for all plans
� ERISA 403(b) plans are now required to file a Form 5500
� An independent audit is required for large (over 100
employee) ERISA 403(b) plan filers
� EZ 5500 new short form � all plan types and less than 100
employees.
� New question added for multi�employer plans � only
affects DB Plans, except those which are EZ 5000 filers.
� Short plan year filers required to attach a Schedule SB
(single�employer plans) or MB (multi�employer plans) will be
granted an automatic Form 5500 filing extension of 90 days
after 2008 Forms become available (2008 only) � affects single
or multi�employer DB Plans, except for EZ 5500 filers.
Schedule A � reports information on insurance
company-held assets.
- A new line for reporting the failure of an insurance
company to provide information � does not apply to Money
Purchase or EZ 5500 filer plans.
Schedule B � reports actuarial information.
- This schedule is now replaced with Schedule SB
for single-employer plans and Schedule MB for multi-employer plans
(2008) � affects DB and Money Purchase Plans, of any size.
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Schedule C
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reports information on service providers and trustees,
including compensation.
- Must now include direct and indirect
compensation received by plan service providers (2009) �
excluding plans with under 100 employees and EZ 5500 filers
Schedule E
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reports information on Employee Stock Option Plans (ESOPs).
- This schedule has now been eliminated -
three questions on ESOPs have now been moved to Schedule R.
Schedules H & I
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reports financial information for plans with over 100
participants (H) or fewer than 100 participants (I).
- Now includes blackout notice requirements
and benefit payment failure, as well as a new attachment for
reporting delinquent participant contributions � excludes
Money Purchase and EZ 5500 filer plans.
Schedule R
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reports plan funding and distribution information.
- Now includes ESOP
and multi-employer questions � excluding Money Purchase and EZ
5500 filer plans.
- Now includes asset allocation questions
for DB plans with greater than 1,000 plan participants (2008)
- Now includes minimum funding questions for
some Defined Contribution Plans � excludes DB, ESOP, and EZ
5500 filer plans.
Summary Annual Report
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summarizes the asset information reported on the Schedule H
and I.
- Repealed for Plans. Information will be
added to the Annual Defined Benefit Funding Notice
Schedule SSA
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reports separated vested participant information.
- This schedule has been removed. IRS
instructions on how to report this information is still
pending
Plan sponsors need to be
aware that additional information will now be needed in order to
complete the Form 5500 filing. Even if the plan sponsor is working
with an outside party to complete the form (e.g., third party
administrator, CPA) the new regulations reinforce the duties of
the plan sponsor. The plan sponsor has the ultimate responsibility
for the accuracy and thoroughness of the Form 5500 filing,
especially since the new changes to the form require even more
fiduciary involvement and understanding of the process.
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The information
contained in this newsletter has been carefully compiled from
sources believed to be reliable, but the accuracy of the
information is not guaranteed. This newsletter is distributed with
the understanding that the publisher is not engaging in any legal
or accounting type of work such as practicing law or CPA services.
S TIFEL,
NICOLAUS &
COMPANY,
INCORPORATED
Member SIPC and New York
Stock Exchange, Inc.
National Headquarters: One
Financial Plaza � 501 North Broadway � St. Louis, Missouri 63102
(800)434-401K �
www.stifel.com
Investment Services Since 1890 |
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