May, 2018
IRA Payroll Deduction Plans
- More Employers (Including
Banks) and Employees
Should Be Participating
Retirement statistics almost always
indicate many individuals are not saving
or investing what they should to ensure a
financially secure retirement. All
employers, including a financial institution
which is an IRA custodian/trustee
should be thinking - should we be helping
our employees by offering a payroll
deduction program. Such a program can
be sponsored in addition to another
retirement plan, be it a 401(k) plan, profit
sharing plan, SEP IRA plan or SIMPLE
IRA plan.
Financial institutions serving as an IRA
custodian/trustee should be ready and
able to help its employer customers with
their payroll deduction programs. A person
does not need an employer to assist
with making IRA contributions, but most
employees will appreciate their employer's
participation. As with any IRA, once
the funds go into the employee's IRA, the
funds are always 100% vested or owned
on behalf of the individual.
What is a payroll deduction program?
An employer will need to decide what
payroll deduction services it will render
and then communicate its policies and
procedures to its employees. There is no
legal requirement to offer such services
to all employees, but most employers
would choose to do so.
The employer will notify its employees
that an employee can complete a payroll
deduction form authorizing that an
amount be withheld from their payroll
and then contributed to their traditional
IRA and/or Roth IRA. Although normally
done on a periodic basis, the payroll
deduction can either be done on a periodic
basis or on a nonperiodic basis.
The employee may establish their traditional
IRA or Roth IRA at whatever financial
institution they choose. However, it
may be possible the employees would
accommodate the employer's desire to
deal with just one financial institution.
An employer has the responsibility to
transmit the withheld payroll funds to the
IRA custodian on a timely basis. Once
contributed, the employer would have
no further responsibility.
As long as the employer limits its
actions as discussed above, the payroll
deduction plan is not an ERISA pension
plan subject to the many laws and reporting
requirements applying to an ERISA
plan. There is no annual filing or reporting
requirements. There is no duty to complete a
person's Form W-2 to show participation in a
payroll deduction program. Participation in a
payroll deduction program does not make a
person an active participant in a retirement
plan for purposes of determining whether a
person is eligible to claim a tax deduction
for their contribution. The individual is
responsible (and the employer is not
responsible) to comply with the contribution
and tax deduction rules.
An employer can decide if it would pay
an employee additional compensation
(after-tax compensation) so that the
employee would be more willing to
instruct to have a payroll deduction contribution.
There are no formal IRS rules governing what an employer is to do if it decides to terminate
its payroll deduction program. An employer
should notify its employees that as of a certain date the
payroll deduction program has been terminated.
There is IRA business to be gained by assisting your
business clients with establishing a payroll deduction
program. And a financial institution sponsoring a 401(k)
plan can also sponsor a payroll deduction IRA program
for its employees. Help your employees save/invest
more for retirement.
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