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Small Business Retirement Plans

January 22, 2006

Updated on January 22, 2009.

FINDING IT HARD to hire employees for your small business? Maybe the problem is your retirement plan. If it stinks, or you don't have one at all, savvy employees are unlikely to want to work for you.

So, where do you start? Here is a rundown of your retirement plan options based on 2009 rules and requirements. The best plan will vary depending upon your needs.

Simplified Employee Pension Plan (SEP IRA)
If you have just a handful of employees and are looking for a plan that is truly low cost and low maintenance, then consider a SEP IRA. The plan is funded with tax-deductible employer contributions, and you must cover all eligible employees. Employee contributions are not allowed.

With a SEP there is no "plan document," and you don't need to file annual reports with the IRS. Contributions can vary from year to year. So if you hit a lean spell, you aren't locked in.

(Continue below)

SEP IRA
 EmployersEmployee
EligibilityAny business owner or self-employed individual.All employees who have worked for you for three of the past five years and who earned at least $550 from you last year.
Contribution Limits25% of compensation (if you're an employee of your own corporation) up to $49,000; 20% of self-employment income (if self-employed) up to $49,000.Employees cannot contribute. But the employer must contribute to eligible employee accounts the same salary percentage she contributes to her own.
VestingImmediate.Immediate.
ProsContributions do not have to be made every year. Very easy and cheap to set up and administer.Vesting is immediate.
ConsMust cover all qualifying employees. Employees cannot contribute. Vesting is immediate.Employees cannot contribute.

Savings Incentive Match Plan for Employees (SIMPLE IRA)

SIMPLE IRAs are good for your employees. They allow employee contributions. And, they mandate an employer match. Trouble is, a SIMPLE IRA won't let you sock away as much for yourself. For 2009, annual contributions are generally limited to $11,500 ($14,000 if you are 50 or older as of 12/31/09) plus an employer matching contribution (up to 3% of your salary).

"If you have a business with less than 10 people, then a SIMPLE IRA is a great way to get started," says David Wray, president of the Profit Sharing/401(k) Council.

Whatever you do, don't get the SIMPLE IRA confused with its similar but flawed cousin, the SIMPLE 401(k). This retirement option is like a traditional 401(k) except it typically has higher fees and less flexibility. "When we studied this option, we could not come up with a scenario where this would make sense to use," says Jeanette LeBlanc, marketing manager at T. Rowe Price.

SIMPLE IRA
 EmployersEmployee
EligibilityEmployers with 100 employees or less who do not maintain any other retirement plan.All employees who have ever earned more than $5,000 in any two years prior and who will earn at least $5,000 this year.
Contribution LimitsMandatory dollar-for-dollar employer match of up to 3% of salary (or as low as 1% for some years) or mandatory employer contribution equal to 2% of salary (limited to maximum contribution of $4,900) regardless of employee's contribution (if any).$11,500 plus employer match up to 3% of salary. (Self-employed person can contribute $11,500 plus match to her own account.) Additional $2,500 if you are age 50 or older as of 12/31/09.
VestingImmediate.Immediate.
ProsEmployees can make contributions. If you have lower salary (or self-employment income), you can make larger contributions than under other types of plans.Employees can make contributions.
ConsEmployer most likely cannot contribute as much as she can to a SEP IRA. Match is mandatory. Vesting is immediate.None really, unless you have a high salary that would permit larger contributions under other types of plans.

Profit Sharing Plans

As you might imagine, a profit sharing plan gives you a slice of your company's profits. Annual contributions are made to your account, but because they are based on your company's performance, they'll likely vary from year to year.

Profit Sharing
 EmployersEmployee
EligibilityAny business owner or self-employed individual.Employees who worked at least 1,000 hours in past year; two years, if no vesting period.
Contribution Limits25% of salary (20% of self-employment income) up to $49,000.Employees cannot contribute.
VestingDetermined by employer.Determined by employer.
ProsContributions can vary from year to year. 
ConsAdministration usually requires hiring a pro.Employees cannot contribute. Vesting takes time in most plans.

401(k)

Think your business is too small for a 401(k)? Think again. If you have more than 25 employees, then you might be surprised to find that a 401(k) is not as expensive to create and maintain as you may have thought. "Due to the competitiveness amongst 401(k) providers, the price point continues to drop," says Guy Patton, senior vice president of emerging corporate markets at Fidelity. For example, Fidelity now offers a 401(k) package for businesses with 25 employees or less that costs $1,400 per year in annual fees, plus $28 per employee. Of course, this plan has limited flexibility — you're going to pay more for the fancy plans.

401(k)
 EmployersEmployee
EligibilityAny business.Employees who worked at least 1,000 hours in the past year; two years, if no vesting period.
Contribution LimitsCombined employer and employee's contribution cannot exceed $49,000 ($54,000 if you are 50 or older).$16,500 ($22,000 if you will be age 50 or older as of 12/31/09.)
VestingDetermined by employer.Determined by employer.
ProsEmployee/employer contributions. Match not required.Employee can contribute.
ConsAdministration can be expensive.Employer contributions usually take years to vest.

Defined Benefit Plan

Thought that defined benefit plans had gone out with shag carpet? Maybe not. A defined benefit plan just might make sense for you. (These plans can be administered through a Keogh.) If you are in, say, your 50s, looking to retire in the next 10 years or so and haven't built up your nest egg yet, then a defined benefit plan is a good opportunity to save. You can contribute as much as is needed to give you an annual retirement payout of $195,000 or 100% of the average of your three highest consecutive pay years. (You'll need an actuary to help you with the calculations.) Unfortunately, what's good for you is bad for younger employees. Because they have more years until retirement, their contribution limit will be lower than yours.

And there are additional drawbacks. For starters a defined benefit plan can be expensive and it's not very flexible. For example, contributions are not optional. If you can't fund your plan, then you'll have to change your plan document. And "the IRS does not look kindly on companies that change their plan frequently," says Tom Ferrara, president of Future Value Associates, a company that helps establish benefits programs for small businesses.

Defined Benefit Plan
 EmployersEmployee
EligibilityAny business owner or self-employed individual.Employees who worked at least 1,000 hours in the past year; two years, if no vesting period.
Contribution LimitsNo set limit. Contributions are based on actuarial assumption. Maximum annual retirement benefit is $195,000 or 100% of the participant's average compensation for his highest three consecutive earning years.Employees cannot contribute.
VestingDetermined by employer.Determined by employer.
ProsOlder employers looking to put away a lot of money over short time period can do so.You are guaranteed a set payout after retiring.
ConsCan be expensive. Actuary required to determine contribution/deduction limit. Inflexible.No employee control over investment options. No employee contributions. Vesting takes years in most plans.

Getting Started

Ready to set up a plan? Any of the big no-load mutual fund companies like Fidelity, T. Rowe Price and Vanguard would be more than happy to oblige. Or, if you want more hand holding, you can find yourself a good small business benefits consultant. But that will cost you. Finally, for more details on any of these plans, read IRS Publication 560.

Last 5 Comments
Sarah G. Posted: 2:04 AM On May 22, 2009
As the economy still striving to bounce back, saving money for the future is very crucial. But a lot of the options for short term funding have been drying up. Short term funding is a necessary thing to have around, and going through traditional channels such as banks isn't an option for a lot of people anymore – basically it's only open to Ken Lewis. Installment loans are an option, but some people, including senior citizens, have been thinking about raiding their retirement fund. Getting into your pension retirement plan or 401(k) funds is the last thing you want to do if you don't qualify for any withdrawals yet. The penalties are substantial, and you'll end up needing installments loans to pay them if you use retirement funds for <a rev='vote for' title='Installment Loans Reliable Option As 401(k)s are Dwindling' href='http://personalmoneystore.com/moneyblog/2009/05/17/installment-loans-reliable-option-401ks-dwindling/'>short term funding</a>.

David conway Posted: 1:33 AM On November 19, 2008
To all you retieries, if its worth anything, i'd like to help out by informing everyone here. that a site called www.kantabiz.com should help anybody with a small business. Its worth having a look at for its advertising advantage. God bless.
Eddie Posted: 9:32 AM On September 17, 2008
Maybe someone can give me some info here...
I work for a small, disabled veteran owned company and am employed on a government installation. They make us involuntarily contribute 4% of our earnings into a 401(k) program that is almost impossible to get your money out of as a hardship withdrawl. Is this legal? If so, can you unenroll or are you automatically held to being in this program??
Any info is greatly appreciated!
theneworleanssaints@hotamil.com
Daryl Posted: 11:14 AM On August 29, 2008
I was contacted by a reader of this article based on a previous comment by the blogger KD. KD was somewhat right in his assessment of what we do; but there is a much easier way to explain my company’s services. Essentially, we help business owners fund their personal retirement nest egg by using 'other people’s money'. I don’t want to sound like a walking advertisement, but if you want to find out more, go to www.financedplanning.com and/or simply email me at dmbrandon@entaire.com. It will be worth your while if you are unsure about how you’re going to retire with an income stream that you’re comfortable with. Also, if you know someone who may be interested in speaking with me as well; referrals are always welcome. I’ll find a way to compensate you for your referral.
Steven Posted: 10:08 AM On June 11, 2008
The concept is that the company (can be as little as 1 person) pays a 'bonus' to themself or to highly paid employee(s), the money is put into a tax deferred vehicle but since the tax is paid up front by a company called Peachtree LBP, there is no tax that is having to be paid when it comes out & can be taken out at anytime without penalty. Basically, you're borrowing other money at a very low interest rate (5%) & its all deductible! We did this for my company and a friends company and were going to be in a better position than we would had we been in a 401(k) becuase of the fees & the tax free growth. I highly recommend them!
Steven Posted: 10:07 AM On June 11, 2008
I experienced huge growth which was great but a pain when it came to retirement planning & cost for myself & employees, I was in a 401(k)that I safe harbored to make my highly paid ee's happy. After I sold that in the late 90's, I started a small firm & was in a SEP & Solo 401(k). Recently, I was introduced to a concept that I thought was amazing that some of you maybe interested in. I was introduced to this by my CFP and CPA who had used this in the past for other groups that was experiencing problems with their retirement planning.
KD Posted: 11:31 AM On June 2, 2008
Ken,
There's a company out there that ONLY works with business owners to fund their retirement plans. I heard about them through our Chamber of Commerce here in the Atlanta area. I hope I'm explaining it correctly, but they basicially use your business's cash flow or A/R to fund your personal retirement plan. They invest a small portion of your A/R into a long term, low cost intrest-only loan to fund a huge lump sum of money. They invest that lump sum of money into a very conservative financial engine to give you the benefits of using that large amount of money to grow your retirement fund by using compounding intrest. Anyway, I just wanted to say that there are more options for small business owners out there. Google the company (Entaire) for more info. If you decide to call them, ask for Daryl.
Leah Posted: 10:51 AM On May 3, 2008
Ken,

The cost for the 'easy 401k' sounds pretty suspect (or very limited), while the Fidelity example is quite high, given market averages for a typical 'out of the box' 401k; for that cost, you could have instituted a flexible, scalable prototype solution, or even an age weighted 401k/PS combination.

Additionally, when comparing these costs, it's important to note (though not outlined above) that you will qualify for a $500 rebate from the government for the next two or three years on the costs of your new plan...which will make it significantly cheaper.

But one of the most important things to consider (I think) is what investment options will be available to you once you're in the plan, and what kind of support you'll see. At $795, I'm fairly sure you're going to have some very restricted investment/plan options.
Mike Posted: 3:49 AM On April 16, 2008
Ken - You may want to look at 'Simple 401K' plan. It's not great as the 401k but it doesn't have the expenses either.
Ken Posted: 5:38 AM On April 15, 2008
I'd like to see some info on where a SMALL company that doesn't qualify for a solo 401k can get a 'cheap' regular 401k. I have ONE employee, and therefore don't quaify for the solo. I've seen the website 'easy 401k' but I don't know much about it, and even it is a LITTLE expensive ($795 on time fee, $295 a year, I believe, thereafter)
ews Posted: 9:29 PM On April 9, 2008
This is so simple that it is wrong in many places. Doesn't even mention the best set up to get the most funding, a DB + PS/401k.

Hope no one thinks you can really use 2 years for eligibility for a 401k Plan.
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