401K FAQ

A 401(k) plan is a retirement savings plan that is funded by employee contributions and (often) matching contributions from the employer. The major attraction of these plans is that the contributions are taken from pre-tax salary, and the funds grow tax-free until withdrawn. Also, the plans are (to some extent) self-directed, and they are portable; more about both topics later. Both for-profit and many types of tax-exempt organizations can establish these plans for their employees.

Rules and regulations for 401(k) plans are established by the US tax code. In fact, a 401(k) plan takes its name from the section of the Internal Revenue Code of 1978 that created them. The IRS says what can be done, but the operation of these plans is regulated by the Employee Benefits Security Administration of the U.S. Department of Labor. To get a bit picky for a moment, a 401(k) plan is a plan qualified under Section 401(a) (or at least we mean it to be). Section 401(a) is the

 

section that defines qualified plan trusts in general, including the various rules required for qualifications. Section 401(k) provides for an optional "cash or deferred" method of getting contributions from employees. So every 401(k) plan already is a 401(a) plan.

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For example, the Widget Company's plan might permit employees to contribute up to 7% of their gross pay to the plan, and the company then matches the contributions at 50% (happily, they pay in cash and not in widgets :-). Total contribution to the Widget plan in this example would be 10.5% of the employee's salary. My joke about paying in cash is important, however; some plans contribute stock instead of cash.

Advantages

There are many advantages to 401(k) plans. First, since the employee is allowed to contribute to his/her 401(k) with pre-tax money, it reduces the amount of tax paid out of each pay check. Second, all employer contributions and any growth in the capital grow tax-free until withdrawal. The compounding effect of consistent periodic contributions over the period of 20 or 30 years is quite dramatic. Third, the employee can decide where to direct future contributions and/or current savings, giving much control over the investments to the employee. Fourth, if your company matches your contributions, it's like getting extra money on top of your salary. Fifth, unlike a pension, all contributions can be moved from one company's plan to the next company's plan (or to an IRA) if a participant changes jobs. Sixth, because the program is a personal investment program for your retirement, it is protected by pension (ERISA) laws. This includes the additional protection of the funds from garnishment or attachment by creditors or assigned to anyone else, except in the case of domestic relations court cases dealing with divorce decree or child support orders (QDROs; i.e., qualified domestic relations orders). Finally, while the 401(k) is similar in nature to an IRA, an IRA won't enjoy any matching company contributions, and personal IRA contributions are subject to much lower limits; see the article about IRA's elsewhere in this FAQ.

Disadvantages

There are, of course, a few disadvantages associated with 401(k) plans. First, it is difficult (or at least expensive) to access your 401(k) savings before age 59 1/2 (but see below). Second, 401(k) plans don't have the luxury of being insured by the Pension Benefit Guaranty Corporation (PBGC). (But then again, some pensions don't enjoy this luxury either.) Third, employer matching contributions are usually not vested (i.e., do not become the property of the employee) until a number of years have passed. The rules say that employer matching contributions must vest according to one of two schedules, either a 3-year "cliff" plan (100% after 3 years) or a 6-year "graded" plan (20% per year in years 2 through 6).

Investment Choices

Participants in a 401(k) plan generally have a decent number of different investment options, nearly all cases a menu of mutual funds. These funds usually include a money market fund, bond funds of varying maturities (short, intermediate, long term), and various stock funds Some plans may allow investments in company stock, US Series EE Savings Bonds, and others. The employee chooses how to invest the savings and is typically allowed to change where current savings are invested and/or where future contributions will go a specific number of times a year. This may be quarterly, bi-monthly, or some similar time period. The employee is also typically allowed to stop contributions at any time.

With respect to participant's choice of investments, expert (sic) opinions from financial advisors typically say that the average 401(k) participant is not aggressive enough with their investment options. Historically, stocks have outperformed all other forms of investment and will probably continue to do so. Since the investment period of 401(k) savings is relatively long - 20 to 40 years - this will minimize the daily fluctuations of the market and allow a "buy and hold" strategy to pay off. As you near retirement, you might want to switch your investments to more conservative funds to preserve their value.