A qualified pension plan is
one of the best tax shelters available since the pension plan contributions are
deductible by the employer and tax deferred to the employee.
Qualified pension plans fall into two
basic categories:
1) Defined-contribution pension plans.
2) Defined-benefit pension plans.
1) Defined-Contribution Pension Plans: Provides
benefits based on the amount contributed to an employee’s individual
account plus any earnings and forfeitures of other employees that are
allocated to the account. Pension plan contributions are determined by formula and
not by actuarial requirements (except for target benefit pension plans).
Defined-contribution pension plans include:
• Profit sharing pension plans.
• Money purchase pension plans.
• Target benefit pension plans.
• Stock bonus pension plans.
• ESOPs.
• Thrift or savings pension plans.
• 401(k) pension plans.
Annual Pension Plan Limitation: Annual additions
to any participant’s account is the sum of the following: (1) Employer
contributions, and (2) Employee contributions, and (3) Forfeitures.
2) Defined-Benefit Pension Plans: Any
qualified pension plan that is not considered a defined-contribution
pension
plan. Under a defined-benefit pension plan, the annual pension benefits must be
definitely determinable using a formula contained in the pension plan. Forfeitures
under a defined-benefit pension plan cannot be used to increase the benefits any
employee would otherwise receive under the pension plan. The most common types of
defined-benefit pension plans are (a) flat-benefit pension plans, and (b) unit-benefit
pension
plans.
Flat-Benefit Pension Plan: A flat-benefit
pension
plan is one which pays a set amount on pension, typically over the
lifetime of the employee. The amount provided under the pension plan could be a
flat monthly pension benefit, or an amount based on a certain percentage of
employee compensation.
Unit-Benefit Pension Plan: The
pension benefit for
each participant depends on compensation earned and length of service to
the company. Thus it can provide for greater pension benefits for
long-service employees than for short-term employees with the same average
compensation. A typical formula would allot to each participant a
percentage of the final annual compensation (for example, 3%) multiplied
by the number of full years of employment with the company, payable
monthly starting at normal pension age.
Annual Pension Plan Benefit Limitation: A
defined-benefit pension plan is limited by the maximum benefit that an employee
may receive at normal pension age.
The annual pension plan benefit is limited to
the lesser of:
1) $90,000 with cost-of-living adjustments
starting in 1989 and tied to annual cost-of-living increases in Social
Security, or
2) 100% of the participant’s average "compensation" for the
highest three consecutive years.
The maximum benefit limitation:
Tax Advantages Of Qualified Pension Plans
• Employer receives an immediate tax
deduction. Employee does not receive pension benefits until some time in the
future.
• Income earned within the pension plan fund is tax deferred.
• Employee incurs no tax liability until amounts are distributed from
the pension plan.
• Qualified "lump-sum" distributions can receive favorable tax
treatment; for example, 5-year or
10-year averaging.
• Qualified distributions can be rolled
over into an IRA tax free.
• If qualifying distributions are made in
the form of stock of the employer corporation, tax on the
appreciation in the value of the stock is deferred until the stock is sold.
Qualified Pension Plan Investments
Generally, current earnings from qualified pension
plans (and IRAs) are tax exempt. In certain
circumstances, however, qualified pension plans can be subject to tax on
unrelated business taxable income (UBTI). UBTI is income from a trade
or business regularly carried on and not related to the exempt
purpose of the organization. If an exempt organization (a qualified pension
plan is considered an exempt organization trust) has
investment income that generates more than $1,000 of UBTI, the trust will be
required to file Form 990-T and pay income tax at regular corporate
rates.
To avoid investments that generate UBTI:
• A qualified pension plan should not
invest in any partnership that conducts an active trade or business. The
income from the business will be considered unrelated to the exempt
purpose of the pension plan.
• A qualified pension plan should not
invest in any partnership that has unrelated debt-financed property that
produces rental income. Income from unrelated debt-financing is
required to be reported as UBTI.
• A qualified pension plan should not
borrow funds to make investments. Any income will be considered
from unrelated debt financing and reported as UBTI.
• A qualified pension plan should not
invest in a real estate investment trust (REIT) that is not
publicly traded. The REIT may be treated as a partnership for pension plan investment purposes and generate UBTI.