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         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.

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).

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?

 

 

 

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

 


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 of

 

 

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);

 

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.

Traditional-IRA-Roth-IRA

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.

 

 

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.

 

Schedule C � 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 � 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 � 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 � 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 � 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 � 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.

 

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.

STIFEL, NICOLAUS & COMPANY, INCORPORATED

Member SIPC and New York Stock Exchange, Inc.

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