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Who May Adopt? |
Self-Employed Employers (with no common law employees) |
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Employee Eligibility Requirements |
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Maximum Requirements: |
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Age 21 and 1 year (1,000 hours) of service |
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* Less restrictive requirements allowed |
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Employee Deferral Contributions
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Limited to: |
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$15,500 (2008) |
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$16,500 (2009) |
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Employer Matching Contributions
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Employer may establish the plan as a Traditional 401(k)
Plan, where Matching Contributions are discretionary, or as
a Safe-Harbor Plan, where the Matching or QNEC Contributions
are required |
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Employer Profit Sharing Contributions |
Discretionary formulas allowed in any amount elected by the
self-employed employer. |
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Maximum Annual Contributions |
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Employer Contributions are limited to: |
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25% of eligible participant wages |
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Employee Annual Additions are limited to: |
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Lesser of $49,000 or 100% of compensation (2009) |
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Are Catch-up Contributions Allowed? |
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Yes, limited to: |
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$5,500 (2008) |
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$5,500 (2009) |
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Contribution Deadlines
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Employee Deferral Contributions |
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Must be deposited by the 15th business day following the
month of deferral, or sooner if administratively
feasible - the DOL has indicated that contributions
made within 7 days will not be considered late |
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Employer Contributions |
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Must be made by the employer’s tax filing deadline,
including extensions |
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Vesting Schedule |
Employee Deferral Contributions are always 100% vested
Safe harbor Matching/QNEC Contributions are always 100% vested
Discretionary Employer Match and Profit Sharing Contributions may be
subject to a vesting schedule. Examples of possible vesting
schedules include a three (3) year cliff (0,0,100) or a six
(6) year graded (0,20,40,60,80,100) |
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Withdrawals and Loans
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Withdrawals permitted only upon termination, death, disability or
retirement.
Plans may elect to allow hardship or in-service withdrawals
Plans may elect to allow plan loans and must specify the parameters under
which a participant can take a loan. |
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Administration & Reporting Requirements |
Top-heavy testing required
Form 5500 filing required
Fidelity Bond required |