Your employer's retirement savings plan is an essential part of your future financial security. It is important to understand how your plan works and what benefits you will receive. Just as you would keep track of money that you put in a bank or other financial institution, it is in your best interest to keep track of your retirement benefits.
Those responsible for the management and oversight of your retirement plan must follow certain rules for operating the plan, handling the plan's money, and overseeing the firms that manage the money. You should also understand and monitor your retirement plan and your benefits. You will find Action Items in each chapter to assist you in doing this.
This booklet helps you understand your plan and explains what information you should review periodically and where to go for help with questions. It includes information on:
Any terms you see that appear in blue in the text are explained in the Glossary.
This booklet covers private retirement plans that are governed by Federal laws and guidelines in the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code. ERISA is a Federal statute that sets standards for most employer- and union-sponsored retirement plans in private industry and imposes responsibilities on those running the plan. Participants in these plans have certain rights and responsibilities.
The rules discussed in this booklet do not apply to all retirement plans. For example, the information does not apply to:
If you are in a collectively bargained plan, the rules that apply under ERISA may be different in some cases.
The information contained in the following pages answers the most common questions about retirement plans. Keep in mind, however, that this booklet is a simplified summary of participant rights and responsibilities, not a legal interpretation of ERISA.
The first step to understanding your retirement benefits is to find out what kind of retirement plan your employer has. There are two major types of plans, defined benefit and defined contribution, which are described here and outlined in Table 1. Keep in mind that your employer may have more than one type of plan, and may have different participation requirements for each.
A defined benefit plan, funded by the employer, promises you a specific monthly benefit at retirement. The plan may state this promised benefit as an exact dollar amount, such as $100 per month at retirement. Or, more often, it may calculate your benefit through a formula that includes factors such as your salary, your age, and the number of years you worked at the company. For example, your pension benefit might be equal to 1 percent of your average salary for the last 5 years of employment times your total years of service.
A defined contribution plan, on the other hand, does not promise you a specific benefit at retirement. Instead, you and/or your employer contribute money to your individual account in the plan. In many cases, you are responsible for choosing how these contributions are invested, and deciding how much to contribute from your paycheck through pretax deductions. Your employer may add to your account, in some cases by matching a certain percentage of your contributions. The value of your account depends on how much is contributed and how well the investments perform. At retirement, you receive the balance in your account, reflecting the contributions, investment gains or losses, and any fees charged against your account. The 401(k) plan is a popular type of defined contribution plan. There are four types of 401(k) plans: traditional 401(k), safe harbor 401(k), SIMPLE 401(k), and automatic enrollment 401(k) plans. The SIMPLE IRA plan, SEP, employee stock ownership plan (ESOP), and profit sharing plan are other examples of defined contribution plans. (See explanations of the various types of plans in the Glossary at the end.)
Note
Ask your plan administrator, human resources office or employer for information on what type of plan or plans you have at work. You can ask for a copy of the Summary Plan Description (the retirement plan booklet that you should receive when you enroll in the plan) and review the information about the plan.
| Defined Benefit Plan | Defined Contribution Plan | |
|---|---|---|
| Employer Contributions and/or Matching Contributions | Employer funded. Federal rules set amounts that employers must contribute to plans in an effort to ensure that plans have enough money to pay benefits when due. There are penalties for failing to meet these requirements. | There is no requirement that the employer contribute, except in SIMPLE and safe harbor 401(k)s, money purchase plans, SIMPLE IRAs, and SEPs. The employer may have to contribute in certain automatic enrollment 401(k) plans. The employer may choose to match a portion of the employee's contributions or to contribute without employee contributions. In some plans, employer contributions may be in the form of employer stock. |
| Employee Contributions | Generally, employees do not contribute to these plans. | Many plans require the employee to contribute in order for an account to be established. |
| Managing the Investment | Plan officials manage the investment. The employer is responsible for ensuring that the amount it has put in the plan plus investment earnings will be enough to pay the promised benefit. | The employee often is responsible for managing the investment of their account, choosing from investment options offered by the plan. In some plans, plan officials are responsible for investing all the plan's assets. |
| Amount of Benefits Paid Upon Retirement | A promised benefit is based on a formula, often using a combination of the employee's age, years worked for the employer, and/or salary. | The benefit depends on contributions made by the employee and/or the employer, performance of the account's investments, and fees charged to the account. |
| Type of Retirement Benefit Payments | Traditionally, these plans pay the retiree monthly annuity payments that continue for life. Plans may offer other payment options. | The retiree may transfer the account balance into an individual retirement account (IRA) from which the retiree withdraws money, or may receive it as a lump sum payment. Some plans also offer monthly payments through an annuity. |
| Guarantee of Benefits | The Federal Government, through the Pension Benefit Guaranty Corporation (PBGC), guarantees some amount of benefits. | No Federal guarantee of benefits. |
| Leaving the Company Before Retirement Age | If an employee leaves after vesting in a benefit but before the plan's retirement age, the benefit generally stays with the plan until the employee files a claim for it at retirement. Some defined benefit plans offer early retirement options. | The employee may transfer the account balance to an individual retirement account (IRA) or, in some cases, another employer plan, where it can continue to grow based on investment earnings. The employee also may take the balance out of the plan, but will owe taxes and possibly penalties, thus reducing retirement income. Plans may cash out small accounts. |
Once you have learned what type of retirement plan your employer offers, you need to find out when you can participate in the plan and begin to earn benefits. Plan rules can vary as long as they meet the requirements under Federal law. You need to check with your plan or review the plan booklet (called the Summary Plan Description) to learn your plan's rules and requirements. Your plan may require you to work for the company for a period of time before you can participate in the plan. In addition, there typically is a time frame to begin to accumulate benefits and earn the right to them (sometimes referred to as "vesting").
Find out if you are within the group of employees covered by your employer's retirement plan. Federal law allows employers to include certain groups of employees and exclude others from a retirement plan. For example, your employer may sponsor one plan for salaried employees and another for union employees. Part-time employees may be eligible if they work at least 1,000 hours per year, which is about 20 hours per week. So if you work part time, find out if you are covered.
Once you know you are covered, you need to find out when you can begin to participate in the plan. You can find this information in your plan's Summary Plan Description. Federal law sets minimum requirements, but a plan may be more generous. Generally, a plan may require an employee to be at least 21 years old and to have a year of service with the company before the employee can participate in a plan. However, plans may allow employees to begin participation before reaching age 21 or completing one year of service. For administrative reasons, your participation may be delayed up to 6 months after you meet these age and service criteria or until the start of the next plan year, whichever is sooner. The plan year is the calendar year, or an alternative 12-month period, that a retirement plan uses for plan administration. It is important that you learn the rules for your employer's plan.
Employers can require additional years of service in some circumstances. For example, if your plan allows you to vest (discussed in detail later in this chapter) immediately upon participating in the plan, it may require that you work for the company for two years before you can participate in the plan.
Federal law also imposes other participation rules for certain circumstances. For example, if you were an older worker when you were hired, you cannot be excluded from participating in the plan just because you are close to retirement age.
Some 401(k) plans and SIMPLE IRA plans enroll employees automatically. This means that you will automatically become a participant in the plan unless you choose to opt out. The plan will deduct a set contribution level from your paycheck and put it into a predetermined investment. If your employer has an automatic enrollment plan, you should receive a notice describing the automatic contribution process, when your participation begins, your opportunity to opt out of the plan or change your contribution level and where your automatic contributions are invested. If you are in a 401(k), the notice will also describe your right to change investments, or if you are in a SIMPLE IRA plan, your right to change the financial institution where your contributions are invested.
Once you begin to participate in a retirement plan, you need to understand how you accrue benefits. Your accrued benefit is the amount of retirement benefits that you have accumulated or that have been allocated to you under the plan at any particular point in time.
Defined benefit plans often count your years of service in order to determine whether you have earned a benefit and to calculate how much you will receive in benefits at retirement. Employees in the plan who work part time, but who work 1,000 hours or more each year, must be credited with a portion of the benefit in proportion to what they would have earned if they were employed full time. In a defined contribution plan, your benefit accrual is the amount of contributions and earnings that have accumulated in your 401(k) or other retirement plan account, minus any fees charged to your account by your plan.
Special rules for when you begin to accumulate benefits may apply to certain types of retirement plans. For example, in a Simplified Employee Pension (SEP) Plan, all participants who earn at least $650 a year from their employers are entitled to receive a contribution.
Defined benefit plans may change the rate at which you earn future benefits but cannot reduce the amount of benefits you have already accumulated. For example, a plan that accrues benefits at the rate of $5 a month for years of service through 2021 may be amended to provide that for years of service beginning in 2022, benefits will be credited at the rate of $4 per month. Plans that make a significant reduction in the rate at which benefits accumulate must provide you with written notice generally at least 45 days before the change goes into effect.
In most situations, if a company terminates a defined benefit plan that does not have enough funding to pay all of the promised benefits, the Pension Benefit Guaranty Corporation (PBGC) will pay plan participants and beneficiaries some retirement benefits, but possibly less than the promised benefits. (For more information, see the PBGC's website.)
In a defined contribution plan, the employer can change the amount of employer contributions in the future. The employer may also stop contributing for a few years or indefinitely depending on the plan terms.
An employer can terminate a defined benefit or a defined contribution plan, but cannot reduce the benefit you have already accrued.
You immediately vest in your own contributions and the earnings on them. This means you have earned the right to these amounts without the risk of forfeiting them. But note – there are restrictions on actually taking them out of the plan. See the discussion on the rules for distributions later in this publication.
However, you do not necessarily have an immediate right to any contributions made by your employer. Federal law provides a maximum number of years a company may require employees to work to earn the vested right to all or some of these benefits. (See tables showing the vesting rules.)
In a defined benefit plan, an employer can require that employees have 5 years of service in order to become 100 percent vested in the employer-funded benefits (called cliff vesting). Employers also can choose a graduated vesting schedule, which requires an employee to work 7 years in order to be 100 percent vested, but provides at least 20 percent vesting after 3 years, 40 percent after 4 years, 60 percent after 5 years, and 80 percent after 6 years of service. The permitted vesting schedules for current defined benefit plans are shown in Table 3. Plans may provide a different schedule as long as it is more generous than these vesting schedules. (Unlike most defined benefit plans, in a cash balance plan, employees vest in employer contributions after 3 years.)
In a defined contribution plan such as a 401(k) plan, you are always 100 percent vested in your own contributions and any subsequent earnings from your contributions. However, in most defined contribution plans, you may have to work several years before you are vested in the employer's matching contributions. (There are exceptions, such as the SIMPLE 401(k) and safe harbor 401(k), in which you are immediately vested in all required employer contributions. You also vest immediately in the SIMPLE IRA and the SEP.)
Currently, employers have a choice of two different vesting schedules for employer matching 401(k) contributions, which are shown in Table 2. Your employer may use a cliff vesting schedule in which employees are 100 percent vested in employer contributions after 3 years of service. Under a graduated vesting schedule, an employee must be at least 20 percent vested after 2 years, 40 percent after 3 years, 60 percent after 4 years, 80 percent after 5 years, and 100 percent after 6 years. If your automatic enrollment 401(k) plan requires employer contributions, you vest in those contributions after 2 years. Automatic enrollment 401(k) plans with optional matching contributions follow one of the vesting schedules noted above.
Employers making other contributions to defined contribution plans, such as a 401(k) plan, also can choose between the graduated and cliff vesting schedules. For those contributions made since 2007, they can choose between the schedules in Table 2. For contributions made prior to 2007, they can choose between the schedules provided in Table 3.
You may lose some of the employer-provided benefits you have earned if you leave your job before you have worked long enough to be vested. However, once vested, you have the right to receive the vested portion of your benefits even if you leave your job before retirement. But even though you have the right to certain benefits, your defined contribution plan account value could decrease as a result of investment performance after you leave your job.
Note
If you leave your company and return, you may be able to count your earlier period of employment towards the years of service needed to vest in the employer-provided benefits. Unless your break in service with the company was 5 years or a time equal to the length of your pre-break employment, whichever is longer, you likely can count that time prior to your break. Because these rules are very specific, you should read your plan document carefully if you are contemplating a short-term break from your employer, and then discuss it with your plan administrator. If you left employment before January 1, 1985, different rules apply. For more information, contact the Department of Labor electronically or by calling toll free at 1-866-444-3272.
For Reserve and National Guard units called to active duty, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that the period of military duty be counted as covered service with the employer for eligibility, vesting, and benefit accrual purposes. Returning service members are treated as if they had been continuously employed regardless of the type of retirement plan the employer has adopted. However, a person who is reemployed is entitled to accrued benefits resulting from employee contributions only to the extent they actually make the contributions to the plan.
Generally, an employer must count your years of service for vesting credit starting with your date of employment. Two exceptions provide that your employer can start counting your years of service with the first plan year following (1) your 18th birthday if you were under 18 years of age when you started working there, and (2) the date you start contributing to a 401(k) plan if you elected not to contribute when you were first eligible.
Plans can allow employees the right to employer-provided benefits sooner than indicated in the following tables.
Table 2 below shows the current vesting schedules, as of 2002, for employer matching 401(k) plan contributions, and for other employer contributions to a defined contribution plan as of 2007.
| Graduated Vesting | |
|---|---|
| Years of Service | Non-forfeitable Percentage |
| 2 | 20% |
| 3 | 40% |
| 4 | 60% |
| 5 | 80% |
| 6 | 100% |
| Cliff Vesting | |
| Less than 3 years of service | 0% Vested |
| At least 3 years of service | 100% Vested |
Table 3 is for employees in a defined benefit plan. It is also for employees receiving other employer contributions to a defined contribution plan before 2007*, employer matching 401(k) contributions prior to 2002, and employees in a defined contribution plan who left an employer after December 31, 1988.
*If your plan is top heavy, Table 2 applies.
| Graduated Vesting | |
|---|---|
| Years of Service | Non-forfeitable Percentage |
| 3 | 20% |
| 4 | 40% |
| 5 | 60% |
| 6 | 80% |
| 7 | 100% |
| Cliff Vesting | |
| Less than 5 years of service | 0% Vested |
| At least 5 years of service | 100% Vested |
Table 4 is for employees who left before 1989.
| Graduated Vesting | |
|---|---|
| Years of Service | Non-forfeitable Percentage |
| 5 | 25% |
| 6 | 30% |
| 7 | 35% |
| 8 | 40% |
| 9 | 45% |
| 10 | 50% |
| 11 | 60% |
| 12 | 70% |
| 13 | 80% |
| 14 | 90% |
| 15 | 100% |
| Cliff Vesting | |
| Less than 10 years of service | 0% Vested |
| At least 10 years of service | 100% Vested |
Rule of 45- If an employee's age and years of service total 45, and the employee has at least 5 years of service, then 50% of the benefits must be vested, with at least 10% vesting for each year thereafter.
Note
For plans subject to collective bargaining agreements, the effective date is the earlier of the date on which the last collective bargaining agreement under which the plan is maintained terminates or --
If you have a question about your retirement plan, you can start by looking for an answer in the information that the plan provides. You can request this information from your plan administrator, the person who is in charge of running the plan. Your employer can tell you how to contact your plan administrator.
Each retirement plan must have a formal, written plan document that details how it operates and its requirements. As noted previously, there is also a booklet that describes the key plan rules, called the Summary Plan Description (SPD), which should be much easier to read and understand. The SPD also should include a summary of any material changes to the plan or to the information required to be in the SPD. You can start with the SPD and then look at the plan document if you still have questions.
In addition, plans must provide you with a number of notices. Some of the key notices are described in Table 5.
For example, defined contribution plans, such as 401(k) plans, generally must provide advance notice to employees when a "blackout period" occurs. A blackout period is when a participant's right to direct investments, take loans, or obtain distributions is suspended for a period of at least three consecutive business days. Blackout periods often occur when plans change recordkeepers or investment options.
Some plan information, such as the Summary Plan Description, must be provided to you automatically and without charge at the times indicated below. You may request a Summary Plan Description at other times, but your employer might charge you a copying fee. You must ask the plan if you want other information, such as a copy of the written plan document or the plan's Form 5500 annual financial report, and you may have to pay a copying fee. See Table 5 and Table 6. Many employers provide benefit information on their websites.
The plan's annual financial report (Form 5500) is also available. You can find the report online or by contacting the U.S. Department of Labor, EBSA Public Disclosure Facility, Room N-1515, 200 Constitution Avenue, NW, Washington, D.C. 20210, telephone: (202) 693-8673. There is a copying fee if the report is over 100 pages. If your plan administrator does not provide you, as a participant covered under the plan, with a copy of the Summary Plan Description automatically or after you request it, you may contact the Department of Labor electronically or by calling toll free at 1-866-444-3272 for help.
| What | Description | When |
|---|---|---|
| Summary Plan Description (SPD) | A summary version of the plan document and other important plan information, in easier-to-understand language. | Within 90 days of becoming a participant in the plan; and An updated copy every 10 years (5 years if the plan has been amended). |
| Automatic Enrollment Notice | A description of the automatic enrollment process, the percentage of salary being deferred, the default investment used for automatic contributions, your right to opt out of the plan, your right to change deferral percentage and investments, and how to find information about the plan's other investments. | Generally, at least 30 days before you are eligible to participate; and At least 30 days before the beginning of each subsequent plan year. |
| Individual Benefit Statement | A statement providing information about your account balance and vested benefits. Depending on the type of plan you have, the statement may also include the value of the investments in the account and information describing your right to direct investments. | At least quarterly for participant-directed defined contribution plans; At least annually for non-participant-directed defined contribution plans; or At least every 3 years for defined benefit plans. |
| Annual Funding Notice | Basic information about the status and financial condition of the defined benefit pension plan, including the plan's funding percentage; assets and liabilities; participant demographic information; funding policy; endangered, critical or critical and declining status; a description of the benefits guaranteed by the PBGC. | Generally, within 120 days of the end of the plan year. |
| Plan and Investment Information for Participant-Directed Plans | Plan and investment-related information, including information about fees and expenses, so participants can make informed decisions to manage their individual accounts. The investment-related information must be provided in a format, such as a chart, that allows for comparison among the plan's investment options. | Before a participant can direct investments for the first time; At least annually thereafter; and At least quarterly for fees and expenses actually paid. |
| Summary of Material Modifications | A summary of significant plan changes or changes in the information required to be in the Summary Plan Description. | Within 7 months of the end of the plan year in which the changes were made. |
| Summary Annual Report | A summary of financial information the plan files on its Form 5500 Annual Return/Report. If your plan provides an annual funding notice, it is not required to provide this report. | Within 9 months after the end of the plan year or 2 months after the annual report filing deadline. |
| Notice of Significant Reduction in Future Benefit Accruals | Notice of any significant reduction in the rate of future benefit accruals, or the elimination of or significant reduction in an early retirement benefit or retirement-type subsidy. Applies to defined benefit plans and certain defined contribution plans. | At least 45 days before the effective date of the plan amendment. |
| Blackout notice | Notice of a period of more than 3 consecutive business days when there is a temporary suspension, limitation, or restriction on directing or diversifying plan assets, obtaining loans, or obtaining distributions. Applies to most 401(k) or other individual account plans. | Generally, at least 30 days before the blackout date. |
| Notice to Participants of Underfunded Plan | For defined benefit plans that are less than 80% funded, the notice of the funding level of the plan and information on PBGC guarantees. | Within 2 months after the due date for filing the annual report. |
| Notice of Critical or Endangered Status | Notice that a multiemployer pension benefit plan is in critical or endangered status because of funding or liquidity problems. The notice must include an explanation of the possibility that certain adjustable benefits may be reduced. | Not later than 30 days after the plan actuary's annual certification, if the actuary certifies that the plan is in critical or endangered status. |
Your plan administrator can furnish this information to you in paper or electronically. If provided electronically, your plan administrator may either post disclosures on a plan website or email them to you, after notifying you that disclosures will be provided to you electronically. If you receive electronic disclosures, there are a number of protections for you under the law, including the right to request paper copies or to opt out of receiving disclosures electronically. Your plan administrator also needs to take reasonable steps to protect the confidentiality of your personal information online.
| What | Description | Cost |
|---|---|---|
| Plan Documents | Documents that provide the terms of the plan, including collective bargaining agreements and trust agreements. | Reasonable copying charge |
| Annual Report (Form 5500) – most recent report | Financial information about the plan that most plans must file with the government within 7 months of the end of the plan year. | Reasonable copying charge |
If you are in a defined benefit plan, you will receive an individual benefit statement once every 3 years. Review its description of the total benefits you have earned and whether you are vested in those benefits. Also check to make sure your date of birth, date of hire, and the other information included is correct. You will also receive an annual notice of the plan's funding status.
Defined contribution plans, including 401(k) plans, also must send participants individual benefit statements either quarterly, if participants direct the investments of their accounts, or annually, if they do not. When you receive a statement, check it to make sure all of the information is accurate. This information may include:
Once you understand what type of plan you have, how you earn benefits, and how much your benefits will be, it is important to learn when and how you can receive them.
There are several points to keep in mind in determining when you can receive benefits:
| Under Federal law, your plan must allow you to begin receiving benefits* | ||
|---|---|---|
| The later of -- | Or - | Or - |
| Reaching age 65 or the age your plan considers to be normal retirement age (if earlier) | 10 years of service | Terminating your service with the employer |
*For administrative reasons, benefits do not begin immediately after meeting these conditions. At a minimum, your plan must provide that you will start receiving benefits within 60 days after the end of the plan year in which you satisfy the conditions. Also, you need to file a claim under your plan's procedures. (See Chapter 6.)
Under certain circumstances, your benefit payments may be suspended if you continue to work beyond normal retirement age. The plan must notify you of the suspension during the first calendar month or payroll period in which it withholds payments. This information also should be included in the Summary Plan Description. A plan must advise you of its procedures to request an advance determination of whether a particular type of reemployment would result in a suspension of benefit payments. If you are a retiree and are considering taking a job, you may wish to write your plan administrator and ask if your benefits would be suspended.
Table 7 shows the general requirements for when payments begin. Listed below are some permitted variations:
Federal law sets a mandatory date by which you must start receiving your retirement benefits, even if you would like to wait longer. This mandatory start date generally is set to begin on April 1 following the calendar year in which you turn 72 or, if later, when you retire. However, your plan may require you to begin receiving distributions even if you have not retired by age 72. If you reached age 70½ before 2020, you may have a required minimum distribution for 2021 even though you're not yet 72.
If you are in a defined benefit or money purchase plan, the plan must offer you a benefit in the form of a life annuity, which means that you will receive equal, periodic payments, often as a monthly benefit, for the rest of your life. Defined benefit and money purchase plans also may offer other payment options, so check with the plan. If you are in a defined contribution plan (other than a money purchase plan), the plan may pay your benefits in a single lump sum payment as well as offer other options, including payments over a set period of time (such as 5 or 10 years) or an annuity with monthly lifetime payments.
If you are leaving your employer before retirement age, see the next chapter.
In a defined benefit or money purchase plan, unless you and your spouse choose otherwise, the form of payment will include a survivor's benefit. This survivor's benefit, called a qualified joint and survivor annuity (QJSA), will provide payments over your lifetime and your spouse's lifetime. The benefit payment that your surviving spouse receives must be at least half of the benefit payment you received during your joint lives. While the survivor's benefit is typically 50 percent, some plans provide for other options, such as 75 percent. Note that your monthly benefit payments will be reduced because the benefit payments will continue for your spouse's life if you die first.
If you choose not to receive the survivor's benefit, you will receive benefits for your lifetime only. You must follow specific rules to waive the survivor benefit. You and your spouse must receive a written explanation of the qualified joint and survivor annuity. Within certain time limits, you must make a written waiver and your spouse must sign a written consent to the alternative payment form without a survivor's benefit, stating that you both understand that benefit payments will end when you die. A notary or plan representative must witness your spouse's signature.
In most 401(k) plans and other defined contribution plans, the plan is written so different protections apply for surviving spouses. In most defined contribution plans, if you die before you receive your benefits, they automatically will go to your surviving spouse. If you wish to select a different beneficiary, your spouse must consent by signing a waiver, witnessed by a notary or plan representative.
If you were single when you enrolled in the plan and subsequently married, it is important that you notify your employer and/or plan administrator and change your status under the plan. If you do not have a spouse, it is important to name a beneficiary.
If you or your spouse left employment before January 1, 1985, different rules apply. For more information on these rules, contact the Department of Labor electronically or by calling toll free 1-866-444-3272.
401(k) plans can – but are not required to – offer loans to participants. The loans must charge a reasonable rate of interest and be adequately secured. The plan must include a procedure for applying for the loans and the plan's policy for granting them. Loan amounts are limited to the lesser of 50 percent of your account balance or $50,000 and must be repaid within 5 years (unless the loan is used to purchase a principal residence).
Again, defined contribution plans can – but are not required to – provide distributions in case of hardship. Check your plan booklet to see if your plan does permit them and under what circumstances.
If you leave an employer before you reach retirement age, whether or not you can take your benefits out and/or roll them into another tax-qualified plan or account will depend on what type of plan you are in.
If you are in a defined benefit plan (other than a cash balance plan), you most likely will have to leave the benefits with the retirement plan until you are eligible to receive them. Therefore, it is very important that you update your personal information with the plan administrator regularly and keep current on any changes in your former employer's ownership or address.
If you are in a cash balance plan, you probably will have the option to transfer at least a portion of your account balance to an individual retirement account or to a new employer's plan.
If you are in a defined contribution plan (such as a 401(k) plan) and you leave your employer before retirement age, in most cases you will be able to transfer your account balance out of your employer's plan.
Please note: If you choose a lump sum payment and do not transfer the money to another retirement account (employer plan or IRA other than a Roth IRA), you will owe a tax penalty if you are under age 59½ and do not meet certain exceptions. In addition, you may have less to live on during your retirement. Transferring your retirement plan account balance to another plan or an IRA when you leave your job will protect the tax advantages of your account and preserve the benefits for retirement.
If you leave an employer for whom you have worked for several years and later return, you may be able to count those earlier years toward vesting. Generally, a plan must preserve the service credit you have accumulated if you leave your employer and then return within five years. Service credit refers to the years of service that count towards vesting. Because these rules are very specific, you should read your plan document carefully if you are contemplating a short-term break from your employer, and then discuss it with your plan administrator. If you left employment prior to January 1, 1985, different rules apply.
If you retire and later go back to work for a former employer, you must be allowed to continue to accrue additional benefits, subject to a plan limit on the total years of service credited under the plan.
Federal retirement law requires all plans to have a reasonable written procedure for processing your benefits claim and appeal if your claim is denied. The Summary Plan Description (SPD) should include your plan's claims procedures. Usually, you fill out the required paperwork and submit it to the plan administrator, who then can tell you what your benefits will be and when they will start.
If there is a problem or a dispute about whether you qualify for benefits or what amount you should receive, check your plan's claims procedure. Federal law outlines the following claims procedures requirements:
If the plan denies your appeal and you believe it failed to follow ERISA's requirements, you may decide to seek legal advice. You also can contact the Department of Labor about your rights under ERISA electronically or by calling toll free 1-866-444-3272.
For more information on claims procedures, see the Department of Labor publication Filing a Claim for Your Retirement Benefits. To obtain a copy, contact the Department of Labor electronically or call toll free 1-866-444-3272.
In every retirement plan, there are individuals or groups of people who use their own judgment or discretion in administering and managing the plan or who have the power to or actually control the plan's assets. These individuals or groups are called plan fiduciaries. Fiduciary status is based on the functions that the person performs for the plan, not just their title.
A plan must name at least one fiduciary in the written plan document, or through a process described in the plan, as having control over the plan's operations. This fiduciary can be identified by office or by name. For some plans, it may be an administrative committee or the company's board of directors. Usually, a plan's fiduciaries will include the trustee, investment managers, and the plan administrator. The plan administrator is usually the best starting point for questions you might have about the plan.
Fiduciaries have important responsibilities and are subject to certain standards of conduct because they act on behalf of the participants in the plan. These responsibilities include:
The fiduciary also is responsible for selecting the investment providers and the investment options, and for monitoring their performance. Some plans, such as most 401(k) or profit sharing plans, can be set up to permit participants to choose the investments in their accounts (within certain investment options provided by the plan). If the plan is properly set up to give participants control over their investments, then the fiduciary is not liable for losses resulting from the participant's investment decisions. Department of Labor rules provide guidance to make sure participants have sufficient information on their investment options so they can make informed decisions. This information includes:
For an automatic enrollment plan, such as an automatic enrollment 401(k) plan, the plan fiduciary selects the investments for employees' automatic contributions if the employees do not provide direction. If the plan is properly set up, using certain default investments that generally minimize the risk of large losses and provide long-term growth, and providing notice of the plan's automatic enrollment process, then the fiduciary may be relieved of liability for losses resulting from investing in these default alternatives. The plan also must provide a broad range of investments for participants to choose from and information on those investments so participants can make informed decisions. Department of Labor rules provide guidance on the default investment alternatives that can be used and the notice and information participants must receive.
Fiduciaries that do not follow the required standards of conduct may be personally liable. If the plan loses money because of a breach of their duties, fiduciaries would have to restore those losses, or any profits received through their improper actions. For example, if an employer does not forward participants' 401(k) contributions to the plan, they would have to pay back the contributions to the plan as well as any lost earnings, and return any profits they improperly received. Fiduciaries also can be removed from their positions as fiduciaries if they fail to follow the standards of conduct.
If you contribute to your retirement plan through deductions from your paycheck, then the employer must follow certain rules to make sure that it deposits the contributions in a timely manner. The law says that the employer must deposit participant contributions as soon as it is reasonably possible to separate them from the company's assets, but no later than the 15th business day of the month following the payday. For small plans (those with fewer than 100 participants), salary reduction contributions deposited with the plan no later than the 7th business day following withholding by the employer will be considered contributed in compliance with the law. In the Annual Report (Form 5500), the plan administrator must include information on whether deposits of contributions were made on a timely basis. For more information, see the Department of Labor's "Ten Warnings Signs That Your 401(k) Contributions Are Being Misused," for indicators of possible delays in depositing contributions.
Plan fiduciaries have to consider the fees and expenses paid by your plan for its operations. ERISA's fiduciary standards, discussed above, mean that fiduciaries must:
The plan may deduct plan administration and investment fees from your defined contribution plan account, either as a direct charge or indirectly as a reduction of your account's investment returns. Fees for individual services, such as for processing a loan from the plan or a Qualified Domestic Relations Order (see Chapter 9), also may be charged to your account.
If you direct the investments in your account, your plan will provide information about your rights and responsibilities under the plan related to directing them. This includes plan and investment-related information, including information about fees and expenses, that you need to make informed decisions about the management of your account. The investment-related information is provided in a format, such as a chart, that allows for a comparison among the plan's investment options. The plan should provide this information before you can direct investments for the first time and annually thereafter with information on the fees and expenses actually paid provided at least quarterly.
For more information, see the Department of Labor brochure A Look at 401(k) Plan Fees. To obtain a copy, contact the Department of Labor electronically or call toll free at 1-866-444-3272.
As noted at the beginning of this booklet, employers are not required to offer a retirement plan, and they can modify and/or terminate plans.
Federal law provides some measures to protect employees who participated in plans that are terminated, both defined benefit and defined contribution. When a plan is terminated, the current employees must become 100 percent vested in their accrued benefits. This means you have a right to all the benefits that you have earned at the time of plan termination, even benefits in which you were not vested and would have lost if you had left the employer. If there is a partial termination of a plan (for example, if your employer closes a particular plant or division that results in the end of employment of a substantial percentage of plan participants), the affected employees must be immediately 100 percent vested to the extent the plan is funded.
The Federal Government, through the Pension Benefit Guaranty Corporation (PBGC), insures most private defined benefit plans. For terminated defined benefit plans that do not have enough money to pay all of the benefits, the PBGC will guarantee the payment of your vested pension benefits up to the limits set by law. For further information on plan termination guarantees, contact the Pension Benefit Guaranty Corporation toll free at 1-800-400-7242, or visit the PBGC website.
The PBGC does not guarantee benefits for defined contribution plans. If you are in a defined contribution plan that is in the process of terminating, the plan fiduciaries and trustees should maintain the plan until they terminate it and pay out the assets.
Your plan rules and investment choices likely will change if your company merges with another. Your employer may choose to merge your plan with another plan. If your plan is terminated because of the merger, the benefits that you have accrued cannot be reduced. You must receive a benefit that is at least equal to what you were entitled to before the merger. In a defined contribution plan, the value of your account may still fluctuate after the merger based on investment performance.
Special rules apply to mergers of multiemployer defined benefit plans, which generally are under the jurisdiction of the PBGC. Contact the PBGC for further information.
Generally, your retirement assets should not be at risk if your employer declares bankruptcy. Federal law requires that retirement plans fund promised benefits adequately and keep plan assets separate from the employer's business assets. The funds must be held in trust or invested in an insurance contract. The employers' creditors cannot make a claim on retirement plan funds. However, you should confirm that any contributions your employer deducts from your paycheck are forwarded to the plan's trust or insurance contract in a timely manner.
Significant business events such as bankruptcies, mergers, and acquisitions can result in employers abandoning their individual account plans (e.g., 401(k) plans), leaving no plan fiduciary to manage it. In this situation, participants often have difficulty in accessing their earned benefits and have no one to contact with questions. Custodians such as banks, insurers, and mutual fund companies are left holding the assets of these plans but do not have the authority to terminate the plans and distribute the assets. In response, the Department of Labor issued rules to create a voluntary process for the custodian to wind up the plan's business so that benefit distributions can be made and the plan terminated. Information about this program can be found on the Department of Labor's website.
Your retirement plan generally is safe from claims by other people. Creditors to whom you owe money cannot make a claim against your funds in a retirement plan. For example, if you leave your employer and transfer your 401(k) account into an individual retirement account (IRA), creditors generally cannot get access to those IRA funds even if you declare bankruptcy.
Federal law does make an exception for family support and the division of property at divorce. For many workers, retirement savings is one of their most significant assets. For this reason, whether and how to divide a participant's interest in a retirement plan are often important considerations in separation, divorce, and other domestic relations proceedings. While state domestic relations law generally governs the division of marital property, any assignments of retirement benefits also must comply with Federal law, specifically ERISA and the Internal Revenue Code.
A state court can award part or all of a participant's retirement benefit to the spouse, former spouse, child, or other dependent. The recipient named in the order is called the alternate payee. The court issues a specific order, called a domestic relations order, which can be in the form of a state court judgment, decree or order, or court approval of a property settlement agreement. The order must relate to child support, alimony, or marital property rights, and must be made under state domestic relations law.
The plan administrator determines if the order is a qualified domestic relations order (QDRO) under the plan's procedures and then notifies the participant and the alternate payee.
To be a QDRO, the order must contain the following information:
The specific content of the rest of the order will depend on the type of retirement plan, the nature of the participant's benefits, the purpose for issuing the order, and the intent of the parties drafting the order. A QDRO must provide for a type or form of benefit that the plan already allows. It cannot require the plan to provide increased benefits. In general, a QDRO may assign survivor benefits to a former spouse. Participants and alternate payees drafting a QDRO should read the plan's summary plan description and other plan documents to understand the survivor benefits available under the plan. A QDRO cannot require a plan to pay benefits to an alternate payee that, under a QDRO previously recognized by the plan, must be paid to another alternate payee.
If the participant is still employed, a QDRO can require payment to the alternate payee to begin on or after the participant's earliest possible retirement age under the plan.
Sometimes retirement plan administrators, managers, and others involved with the plan make mistakes. Some examples include:
It is important to know that employers are prohibited by law from firing or disciplining employees to avoid paying a benefit, as a reprisal for exercising any of the rights provided under a plan or Federal retirement law (ERISA), or for giving information or testimony in any ERISA-related inquiry or proceeding.
If you find an error or have a question, you can start by looking for information in your Summary Plan Description. In addition, you can contact your employer and/or the plan administrator and ask them to explain what has happened and/or make a correction.
Yes, you have a right to sue your plan and its fiduciaries to enforce or clarify your rights under ERISA and your plan in the following situations:
The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) enforces the ERISA provisions governing the conduct of plan fiduciaries, the investment and protection of plan assets, the reporting and disclosure of plan information, and participants' benefit rights and responsibilities.
However, ERISA does not cover all retirement plans. For example, it does not cover Federal, state, or local government plans and some church plans.
The Department of Labor enforces the law by informally resolving benefit disputes, conducting investigations, and seeking correction of violations of the law, including bringing lawsuits when necessary.
The Department has benefits advisors who provide individual assistance to participants and beneficiaries. Participants will receive information on their rights and responsibilities under the law and help in obtaining benefits to which they are entitled.
Contact EBSA for questions about ERISA, help in obtaining a benefit, or:
The Pension Benefit Guaranty Corporation (PBGC) is a federally created corporation that guarantees payment of certain pension benefits under most private defined benefit plans when they are terminated with not enough money to pay benefits.
You may contact the PBGC at:
Pension Benefit Guaranty Corporation
PO Box 151750
Alexandria, VA 22315-1750
Toll-free number: 1-800-400-7242
mypension@PBGC.gov
The Treasury Department's Internal Revenue Service is responsible for the rules that allow retirement plan-related tax benefits for both employees and employers, including vesting and distribution requirements.
401(k) Plan – In this type of defined contribution plan, the employee can contribute from their paycheck before taxes are taken out. The contributions go into a 401(k) account, with the employee often choosing the investments based on options provided under the plan. In some plans, the employer also contributes, matching the employee's contributions up to a certain percentage. SIMPLE and safe harbor 401(k) plans have additional employer contribution and vesting requirements.
Automatic Enrollment – Employers can automatically enroll employees in a plan, such as a 401(k) or SIMPLE IRA plan, and place contributions deducted from employees' paychecks into certain predetermined investments, unless the employees decide otherwise. Participants can opt out of participation and have periodic opportunities to change their investments (or in a SIMPLE IRA, the financial institution where the contributions are invested).
Benefit Accrual – The amount of benefits accumulated under the plan.
Cash Balance Plan – A type of defined benefit plan that includes some elements that are similar to a defined contribution plan because the benefit amount is computed based on a formula using contribution and earning credits, and each participant has a hypothetical account. Cash balance plans are more likely than traditional defined benefit plans to make lump sum distributions. (For more information, see Cash Balance Pension Plans: Questions and Answers.)
Defined Benefit Plan – This type of plan, also known as the traditional pension plan, promises the participant a specified monthly benefit at retirement. The benefit often is based on factors such as your salary, your age, and the number of years you worked for the employer.
Defined Contribution Plan – In a defined contribution plan, the employee and/or the employer contribute to the employee's individual plan account. The employee often decides how their account is invested. The value of the account will change based on the value and performance of the investments. The amount in the account at distribution includes the contributions and investment gains or losses, minus any investment and administrative fees. The contributions and earnings are not taxed until distribution.
Employee Retirement Income Security Act of 1974 (ERISA) – A Federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans. ERISA:
Employee Stock Ownership Plan (ESOP) – A type of defined contribution plan that is invested primarily in employer stock.
Individual Benefit Statement – An individual benefit statement provides information about a participant's retirement benefits, such as the total plan benefits earned and vested benefits, on a periodic basis. Additional information may be included depending upon the type of plan, such as how a participant's 401(k) plan account is invested and the value of those investments.
Individual Retirement Account (IRA) – An individual account set up with a financial institution, such as a bank or a mutual fund company. Under Federal law, individuals may set aside personal savings up to a certain amount, and the investments grow, tax deferred. In addition, defined contribution plan participants can transfer money from an employer retirement plan to an IRA when leaving an employer. IRAs can be part of an employer plan.
Money Purchase Plan – A money purchase plan requires set annual contributions from the employer to individual accounts and is subject to other rules.
Multiemployer Plan – A retirement plan sponsored by several employers under collective bargaining agreements that meets certain other requirements. A participant who changes jobs from one sponsoring employer to another stays in the same plan.
Plan Administrator – The person identified in the plan document as having responsibility for running the plan. It could be the employer, a committee of employees, a company executive, or someone hired for that purpose.
Plan Document – A written instrument under which the plan is established and operated.
Plan Fiduciary – Anyone who exercises discretionary authority or discretionary control over management or administration of the plan, exercises any authority or control over management or disposition of plan assets, or gives investment advice about plan assets for a fee or other compensation.
Plan Trustee – Someone who has the exclusive authority and discretion to manage and control the assets of the plan. The trustee can be subject to the direction of a named fiduciary and the named fiduciary can appoint one or more investment managers for the plan's assets.
Plan Year – A 12-month period designated by a retirement plan for calculating vesting and distribution, among other things. The plan year can be the calendar year or an alternative period, e.g., July 1 to June 30.
Profit Sharing Plan – A profit sharing plan allows the employer each year to determine how much to contribute to the plan (out of profits or otherwise) in cash or employer stock. The plan contains a formula for allocating the annual contribution among participants.
Rollover – A rollover occurs when a participant leaves an employer and directs the defined contribution plan to transfer the money in their account to a new plan or individual retirement account. This preserves the benefits and does not trigger any tax consequences if done in a timely manner.
Safe Harbor 401(k) – A safe harbor 401(k) is similar to a traditional 401(k) plan, but the employer is required to make contributions for each employee. The employer contributions in safe harbor 401(k) plans are immediately 100 percent vested. The safe harbor 401(k) eases administrative burdens on employers by eliminating some of the complex tax rules ordinarily applied to traditional 401(k) plans.
Savings Incentive Match Plan for Employees of Small Employers (SIMPLE) – A plan in which a small business with 100 or fewer employees can offer retirement benefits through employee salary reductions and matching contributions (similar to a 401(k) plan). It can be either a SIMPLE IRA or a SIMPLE 401(k). SIMPLE IRA plans impose few administrative burdens on employers because employees own the IRAs, and the bank or financial institution receiving the funds does most of the paperwork. While each has some different features, including contribution limits and the availability of loans, required employer contributions are immediately 100 percent vested in both.
Simplified Employee Pension (SEP) Plan – A plan in which the employer makes contributions on a tax-favored basis to employee-owned individual retirement accounts (IRAs). If certain conditions are met, the employer is not subject to the reporting and disclosure requirements of most retirement plans. Under a SEP, an IRA is set up by or for an employee to accept the employer's contributions.
Summary Plan Description – A document provided by the plan administrator that includes a plain-language description of important features of the plan, such as:
Participants must be informed of material changes either through a revised Summary Plan Description or in a separate document called a Summary of Material Modifications.
Vested Benefits – Those benefits that the individual has earned a right to receive and that cannot be forfeited.
Years of Service – The time an individual has worked in a job covered by the plan. It is used to determine when an individual can participate and vest and how they can accrue benefits in the plan.