Guaranteed Retirement Income - No Market Risk

Hedging against an uncertain future.

From The Tax Adviser:

The Section 412(i) Retirement Alternative

Recent stock market declines have triggered substantial losses for many retirement plans, leading clients to rethink investment strategies and life insurance companies to tout IRC section 412(i) plans as a way to protect retirement funds. CPAs should review such plans to advise eligible clients.

HOW DO THEY WORK?
Section 412(i) plans are defined benefit pension plans guaranteed exclusively by annuity contracts and life insurance. (Defined benefit plans pay definitely determinable benefits to an employee over a period of years—usually for life—after retirement.) Section 412(i) plans have been around since 1974; in uncertain markets, their guaranteed returns are enticing.

An employer funds such a plan by making annual deductible contributions for eligible workers; the employees are not taxed on the contributions. The plan then purchases from an insurance company annuity contracts with a guaranteed return (generally ranging from 3% to 5%). When a worker retires, the annuity pays an annual retirement benefit taxable to the employee. The employer can make additional deductible contributions to the plan to purchase life insurance on employees’ lives, to be paid to a designated beneficiary.

BENEFITS AND BURDENS
Even though section 412(i) plans have a guaranteed positive rate of return on investment that shifts the risk from the employer/employee to an insurance company, the guaranteed returns are relatively low. The trade-off is elimination of the risk of even lower returns (and possible loss of principal) from investing in the markets.

An advantage to section 412(i) plans is the cost savings employers receive due to the administrative ease of calculating annual contribution amounts. Contributions are calculated using a simple present-value formula based on the guaranteed rate of return, the retirement benefit and the number of years until the employee’s retirement. This eliminates actuarial expenses to calculate yearly contributions.

WHO SHOULD INVEST?
Owners of high-earning, stable businesses who want to contribute substantial deductible amounts to their retirement plans will most likely benefit from section 412(i) plans. To achieve the maximum tax benefits, business owners usually should be 50 or older. Because the nondiscrimination, participation and vesting rules typical to retirement plans also apply to section 412(i) plans, businesses with fewer than 10 employees benefit most. (As the number of employees increases, the total cost of contributions rises and the business owner’s retirement goals are potentially hindered.)

CONCLUSION
The recent popularity of section 412(i) plans is forcing many CPAs to learn more about a provision they hardly ever considered previously. Section 412(i) plans may allow some clients to achieve their retirement goals, while significantly leveraging the deductibility of their contributions and reducing their investment risk. However, such plans are not for everyone. Thus, CPAs should become familiar with these plans to determine whether they suit their clients.

For more information, see the Tax Clinic, edited by Frank O’Connell, in the September 2003 issue of The Tax Adviser.

—Lesli Laffie, editor
The Tax Adviser (click here)

A Parent's Game Plan For College Funding

Most people look back on their college years with great fondness - and many look ahead to their children's education with some fear. With costs so high, how can I afford to send my kids to college? According to the 1998-1999 College Board numbers, a college education currently averages $40,000 for a four-year degree at a public college, and nearly $85,000 of a four-year private school. Looking at the Ivy League? Four years of tuition, fees, and room and board now costs about $127,000 at elite schools like Harvard and Yale. And costs keep rising. The College Board's 1998-1999 figures show that public and private institutions raised their tuition and fees an average of 4.5%, while room and board charges increased 4%.

Your children deserve the enriching experience of higher education, and you can help finance it. Here are some college funding ideas:

Prepay Tuition - Some state universities have set up innovative programs where college expenses may be made in installments over many years, prior to attending the school. This may be a convenient way to meet expenses, but it takes the choice of school away from your child. What if your child does not want to attend a state university? This could pose a problem.

Borrowing - These days, most people borrow at least a portion of the money needed to cover college expense. You'll want your children to look for student loons with special lower rates and repayment terms for college. However, repaying a large loan for many years after graduation can be a burden for recent graduates. Tapping into your 401(k) plan may be an option, but you'll want to take a loan rather than a withdrawal to avoid tax consequences. Of course, a loan will impede the potential growth of your retirement nest egg.

Financial Aid - There ore billions of dollars available each year in scholarships, grants, and work study programs. Financial aid to middle income families may be tough to come by, but it's worth contacting your child's high school and prospective college financial aid offices to see if you're eligible.

Educational IRA's - In 1997 Congress created a new type of saving vehicle specially designed for educational savings. This vehicle is called an Educational IRA. Up to $500 (depending one's income) can be contributed each year for each child. Although the contributions are not tax deductible, this money will grow on a tax-deferred basis, and can be used for "qualified higher educational expenses" incurred prior to age 30. Distributions used to pay qualified education expenses are excludable from income taxes.

Additionally, it should be noted that distributions from traditional and Roth IRAs that are used to pay "qualified higher education expenses" of the taxpayer, his or her spouse, children or grandchildren are not subject to the IRS 10% penalty imposed on premature distributions (before age 59 1/2).

The Team Approach - With the seemingly overwhelming cost, it may be most practical to finance college through many sources - your personal savings, student loans, financial aid, even a part-time job for your child. Once in school, your child might want to look into paid internships that provide valuable experience and help pay the bills. Every bit will help, but the bulk may still have to come from money you put away over the years - so it's essential to make the most of your savings and investments.

Start Saving Now - There's no better time than the present to begin accumulating funds for future college costs. Below are some tips:
Time is On Your Side - If your children are young, or you don't have children yet, you can put the power of time to work for you. The sooner you start, the better, letting the wonder of compound interest help build a nice fund.


Pay Yourself First - Systematically invest at a regular interval an amount you can comfortably afford. You can have this done automatically through bank drafting and payroll deduction. Speak to your financial institution and payroll department to set up these convenient savings methods.


Use Tax Advantages - You can try to maximize earnings and minimize taxes through several tax-advantaged strategies. Investing in tax-free municipal bonds or bond funds, setting up a trust, and making a gift under the Uniform Gift to Minors Act, or investing in Educational IRAs are three ways to possibly lower the tax bite. Consult your tax advisor and attorney regarding these approaches.


Don't Put All Your Eggs In One Basket - Diversification is a key to reducing potential risk. Dividing your money among different financial vehicles can help protect against loss and increase the potential for competitive returns. If your children are still in diapers and you have a long time horizon, you may want to consider a variety of financial products to complement traditional bank products.
Your children's future is important to you. Attending college can be one of the most rewarding times of their life. Ensure that your children will have that opportunity to learn, to grow, to graduate from a fine university. Start accumulating funds today and one day you'll stand proud at their graduation ceremony.