Kim Sturges, ERPA, CPC, QKA, Retirement Plan Consultants, Fresno Clyde W. Ford, MBA, CEBS, AIF, Chairman, CalPac Advisors, Inc. Cash Balance Plan – “Plan the Design” For physicians and practices desiring to catch up on retirement savings or have as a goal the ability to shelter more income from immediate taxation than a traditional Defined Contribution Retirement Plan,(including 401(k) Plans), a Cash Balance Defined Benefit Plan can be an attractive option. Recent articles in the popular press have debated the relative merits of Defined Contribution Plans and Defined Benefit Plans, including Cash Balance Plans. The more important question is which type of plan, or combination of plans, is the best fit for your unique retirement planning situation. In order to determine the best approach, an understanding of how a Cash Balance Plan works is required. Higher Contribution Level The level of funding in a Cash Balance Plan can be significantly greater for the principal than the allocation available in a Defined Contribution Plan, like a 401(k). For example, if a physician adopts a new Cash Balance Plan at age 60, the estimated maximum funding for the physician could be in excess of $200,000 compared to $56,500 in a Defined Contribution Plan. The Cash Balance Plan is a great vehicle for accumulating larger savings quickly. A 401(k) Plan can also be maintained in tandem with a Cash Balance Plan, which would allow even greater retirement savings, and a means of providing at least a portion, if not all, of the required staff funding. If the physician participates in both the Cash Balance Plan and the 401(k), the employer is subject to a combined plan deduction limit. Internal Revenue Code Section 404(a)(7) restricts the amount of employer contribution that is deductible each year to the Defined Benefit funding and employer contributions of 6% of considered compensation in a Defined Contribution Plan. In other words, the Internal Revenue Code does not allow certain sponsors to maintain both a maximized Cash Balance Plan and a maximized 401(k) Plan. This restriction does not apply, if the physician has more than 25 eligible employees, then the deduction limit would be determined separately for each type of plan. The employee salary deferral of $23,000 for a participant, who has attained age 50, is in addition to the 6% cap. In applying the 6% cap, the Internal Revenue Code only allows the first $255,000 (indexed annually) of a participant’s compensation to be considered. Minimum Funding Requirement and Actuarial Certification A Cash Balance Plan is a Defined Benefit Plan and is subject to Minimum Funding Requirements and annual certifications by an Enrolled Actuary. Unlike a 401(k) Plan, where funding is determined annually on a discretionary basis, with the exception of some contributions mandated to satisfy testing, Cash Balance Plans will have a required contribution, which is determined each year by the Enrolled Actuary. After the initial year of the Cash Balance Plan there is usually a range of contributions available and there are means of adjusting the required funding on a prospective basis, but a sponsor of a Cash Balance Plan should be comfortable with funding at a minimum level, while the plan is maintained. Since the Cash Balance Plan is subject to the minimum funding requirements, failure to fund in a timely manner will result in a 10% excise tax penalty. Staff and Partner Coverage Defined Benefit Plans are subject to a special participation rule, which requires that at least 40% of the eligible employees, or at least 2, receive “meaningful” benefits under the Plan. If the practice is just comprised of two partners, both would need to participate in the Cash Balance Plan, but the Plan could be designed to provide significantly different contribution levels, depending on the retirement goals for each physician. If the practice includes staff, then the Plans can be designed to maximize the physicians, while minimizing the staff rate at a level needed to pass the annual non-discrimination requirements. In many groups, the minimum staff rate can be satisfied with total employer provided benefits of 7.5% of pay. Normally, a Cash Balance Plan is combined with a 401(k) Safe Harbor Plan, which has a minimum required contribution for staff that allows the physician to make the maximum salary deferral contribution ($17,500 or $23,000 for those, who have attained age 50). As with stand alone Cross-tested 401(k) Plans, the combination of a Cross-tested 401(k) and a Cash Balance Plan provides greater leveraging to the owner, when the physician is closer to retirement age than the staff is. Distribution Restrictions Unlike a 401(k) Plan, Cash Balance Plans do not allow for in-service distributions prior to age 62. In addition, the plan may be restricted from processing lump sum distributions to participants, unless the plan satisfies minimum funded percentage requirements. Participant and Plan Termination When a participant terminates, their distribution from a Cash Balance Plan is equal to their Hypothetical Account Balance, which is based on the annual allocations and the interest credit rate (usually around 4% to 5%) defined in the plan document. Physical individual accounts are not maintained in the Cash Balance Plan and all assets are available to provide benefits. When the plan terminates, if the assets are less than the Hypothetical Account Balance, due to investment return less than the assumed rate or reduced funding levels, staff would receive their Hypothetical Account Balance and the owner could elect to forgo a portion of his Hypothetical Account Balance or an additional contribution could be made to the Plan, subject to the deduction limitations. If the assets exceed the value of the Hypothetical Account Balances, then the excess could be reallocated to all participants, subject to Internal Revenue Code limits. Investing Guidelines When investing funds for a Cash Balance Plan, steady and moderate gains should be the goal. In determining the required and available funding each year, the Enrolled Actuary compares the value of the plan’s assets to the value of the benefits (generally, the hypothetical account balances in a Cash Balance Plan). In small Cash Balance Plans, an assumed rate of return of between 4% and 5% is usually used. Large swings in the value of the plan’s assets can result in required funding significantly greater or smaller than desired, as well as create issues upon plan termination, since all investment risk is borne by the plan sponsor. Sample Cash Balance Illustration The following example is for illustrative purposes only. Physician Nurse Assistant 55 45 30 Considered Compensation Cash Balance Allocation 255,000 50,000 30,000 175,000 1,250 750 401(k) Employer Provided Allocation 14,450 3,500 2,100 Total Employer Provided Allocation 189,450 4,750 2,850 Employer Allocation Percentage 74.3% 9.5% 9.5% In addition to the Employer provided allocations reflected above, the physician can contribute a salary deferral contribution of $23,000, for total allocations of $212,450. The above design includes a Cash Balance Plan with a 2.5% Pay Credit for Staff combined with a 401(k) Safe Harbor Plan with a Profit Sharing Contribution. If you are interested in discovering whether this type of design would be beneficial to your retirement planning, please contact Clyde Ford at [email protected] or Kim Sturges at [email protected] for a personalized proposal. Securities and advisory services offered through Financial Telesis Inc. Member FINRA/SIPC. Financial Telesis Inc. and CalPac Advisors are not affiliated.
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