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When Your Business Retirement Plan Falls Short

Popular Retirement Plans May Fall Short
Although defined contribution plans, such as 401(k) plans, are popular, contributions to these plans are limited, so they may not provide sufficient retirement income for you and your employees - especially since your retirement may span 20 or 30 years, or even longer. For example, the Internal Revenue Code limits annual contributions to a defined contribution plan to the lesser of $41,000 or 100% of compensation. In addition, the value of assets in certain retirement plans - such as 401(k) plans - can be highly volatile. Since account balances under these types of popular retirement plans can be directly affected by stock market fluctuations, they may not be able to provide you with sufficient retirement benefits.

The 412(i) Defined Benefit Pension Plan: Accumulating Significant Retirement Assets
With a tax-qualified 412(i) fully-insured1 defined benefit pension plan, small business owners can accumulate significant retirement assets for themselves and their employees - without having to depend on stock market cycles.2 Furthermore, since a high income tax liability can accompany a highly profitable business, it's good to know that a 412(i) plan can help your business maximize its tax-deductible retirement plan contributions. Equally important, you'll have the security of knowing that the death benefit under the plan will help protect your family if you die before retirement. (1. "Fully insured" means the plan is funded with insurance and annuity products backed by the claims-paying ability of the issuing insurer.; 2. The 412(i) defined benefit pension plan is a tax-qualified retirement plan that must comply with the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Internal Revenue Code of 1986, as amended, and other applicable law. For this reason, consult an attorney expert in these matters before establishing a 412(i) plan.)

What Is the 412(i) Plan?
The 412(i) plan is a tax-qualified, defined benefit pension plan for business owners and their employees that must be funded with a combination of life insurance and annuities, or annuities alone. The guarantees of the 412(i) plan are derived from the life insurance and/or annuity contracts that fund it and are dependent on the claims paying ability of the issuing life insurer. Therefore, it's essential to choose a reputable life insurance company with superior financial strength. (In addition to other tax-qualified rules, the Internal Revenue Code imposes limits on the amount of life insurance that can be purchased in a qualified retirement plan. As a result, a 412(i) plan cannot be funded solely by life insurance. Also, loans are not permitted under a 412(i) plan, and any forfeitures under the plan and dividends paid by the insurer will be used solely to reduce future premiums.) (Dividends are not guaranteed, nor are current dividends an estimate of future performance.)

Can the 412(i) Plan Work for You?
Generally, if you're in your peak earning years, the 412(i) defined benefit pension plan may be desirable, particularly if you:

  • Are 45 years of age or older
  • Own a small company or professional practice with five or fewer employees that's highly profitable, and have a steady revenue stream and cash flow, since level annual or more frequent contributions to the 412(i) plan are required
  • Have a substantial tax liability and want a potentially significant income tax deduction each year

 

Maximum Retirement Savings and Maximum Tax Deductions
The 412(i) defined benefit pension plan has a number of advantages:

  • Contributions are generally 100% tax-deductible for your business.
  • There are potentially greater deductible contributions than those that can be made under traditional defined benefit plans.
  • Plan benefits are guaranteed by the claims-paying ability of the issuing insurer, as long as the premiums are paid on time - and they are free of market risk.
  • 412(i) plans are exempt from the minimum funding requirements usually applicable to traditional defined benefit plans, which can make the administration of a 412(i) plan simpler than that of a traditional defined benefit plan.

 

A Strategy That Makes Sense for Small Business Owners
If you were too busy growing your business and/or handling life's responsibilities to start saving for retirement earlier in your career, the 412(i) plan can offer you a "second chance." It can give you a way to fund a sizable, guaranteed retirement benefit for you and your employees. (The plan is funded with insurance and annuity products backed by the claims-paying ability of the issuing insurer.)

Richard Bender

Richard Bender is founder of RB Wealth Management an independent financial services firm. Since 1978 we have been serving clients just like you achieve their financial goals through the strategic use of Insurance, Annuities and Retirement Solutions.

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