This publication has been developed by the

U.S. Department of Labor, Employee Benefits Security Administration.

It is available on the Internet at: www.dol.gov/ebsa

For a complete list of EBSA publications, call

toll-free: 1-866-444-EBSA (3272)

This material will be made available in

alternate format upon request:

Voice phone: (202) 693-8664

TTY: (202) 501-3911

This booklet constitutes a small entity compliance guide for purposes

of the Small Business Regulatory Enforcement Fairness Act of 1996.


INTRODUCTION.................................................................................................

Chapter 1: TYPES OF RETIREMENT PLANS...............................................................

Chapter 2: EARNING RETIREMENT BENEFITS...........................................................

Chapter 3: PLAN INFORMATION TO REVIEW...........................................................

Chapter 4: PAYMENT OF BENEFITS.........................................................................

Chapter 5: TAKING YOUR RETIREMENT BENEFIT WITH YOU.......................................

Chapter 6: FILING A CLAIM FOR BENEFITS...............................................................

Chapter 7: RESPONSIBILITIES OF PLAN FIDUCIARIES.................................................

Chapter 8: YOUR BENEFIT DURING A PLAN TERMINATION OR COMPANY MERGER.......

Chapter 9: POTENTIAL CLAIMS AGAINST BENEFITS (DIVORCE)....................................

Chapter 10: WHAT TO DO IF YOU HAVE A PROBLEM.................................................

GLOSSARY.............................................................................................................................

TABLE OF CONTENTS

1

3

5

11

15

19

21

23

25

27

29

31

Your employer’s retirement savings plan is an essential part of your future financial security.

It is important to understand how your plan works and what benefits you will receive. Just as

you would keep track of money that you put in a bank or other financial institution, it is in your

best interest to keep track of your retirement benefits.

Those responsible for the management and oversight of your retirement plan must follow

certain rules for operating the plan, handling the plan’s money and overseeing the firms that

manage the money. You should also understand and monitor your retirement plan and your

benefits. You will find Action Items in each chapter to assist you in doing this.

This booklet helps you understand your plan, explains what information you should review

periodically and where to go for help with questions. It includes information on:

Different types of retirement plans;

What information you can get about your plan;

When and how you can receive retirement benefits;

What to do if you have a question or find a mistake;

The responsibilities of those who manage the plan and its investments;

Your responsibilities to understand and monitor your plan; and

Specific circumstances such as how a divorce or change of employer ownership

may affect your retirement benefit.

Any terms you see that appear in blue in the text are explained in the Glossary.

RETIREMENT PLANS COVERED IN THIS BOOKLET

This booklet covers private retirement plans that are governed by Federal laws and guidelines

in the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue

Code. ERISA is a Federal statute that sets standards for most employer and union sponsored

retirement plans in private industry and imposes responsibilities on those running the plan.

Participants in these plans have certain rights as well as responsibilities.

The rules discussed in this booklet do not apply to all retirement plans. For example, the

information does not apply to:

State and local government plans, including plans covering public school teachers

and school administrators;

Most church plans; and

Plans for Federal government employees.

Also, if you are in a collectively-bargained plan, the rules that apply under ERISA may be

different in some cases.

The information contained in the following pages answers the most common questions

about retirement plans. Keep in mind, however, that this booklet is a simplified summary of

participant rights and responsibilities, not a legal interpretation of ERISA.

INTRODUCTION

1

The first step to understanding your retirement benefits is to find out what kind of retirement

plan your employer has. There are two major types of plans, defined benefit and defined

contribution, which are described here and outlined in Table 1 on page 4. Keep in mind that

your employer may have more than one type of plan, and may have different participation

requirements for each.

A defined benefit plan, funded by the employer, promises you a specific monthly benefit

at retirement. The plan may state this promised benefit as an exact dollar amount, such as

$100 per month at retirement. Or, more often, it may calculate your benefit through a formula

that includes factors such as your salary, your age, and the number of years you worked at the

company. For example, your pension benefit might be equal to 1 percent of your average

salary for the last 5 years of employment times your total years of service.

A defined contribution plan, on the other hand, does not promise you a specific benefit

amount at retirement. Instead, you and/or your employer contribute money to your individual

account in the plan. In many cases, you are responsible for choosing how these contributions

are invested, and deciding how much to contribute from your paycheck through pretax

deductions. Your employer may add to your account, in some cases by matching a certain

percentage of your contributions. The value of your account depends on how much is

contributed and how well the investments perform. At retirement, you receive the balance in

your account, reflecting the contributions, investment gains or losses, and any fees charged

against your account. The 401(k) plan is a popular type of defined contribution plan, and

there are three types of 401(k) plans: traditional, SIMPLE 401(k), and Safe Harbor 401(k)

plans.The SIMPLE-IRA plan, SEP, employee stock ownership plan (ESOP), and profit-sharing

plan are other examples of defined contribution plans. (See explanations of the various types

of plans in the Glossary at the end).

NOTE

1. Employers can choose whether to offer a retirement plan to employees; Federal

law does not require employers to offer or to continue to offer a plan.

2. The Pension Benefit Guaranty Corporation (PBGC) guarantees payment of

certain retirement benefits for participants in most private defined benefit

plans if the plan is terminated without enough money to pay all of the

promised benefits. The government does not guarantee benefit payments for

defined contribution plans. For more information, see the PBGC’s Web site at

www.pbgc.gov.

3. Some hybrid plans – such as cash balance plans – contain features of both types

of plans described above. See the Glossary for information on this type of plan.

ACTION ITEM

Ask your plan administrator, human resources office or employer for information

on what type of plan or plans you have at work. You can ask for a copy of the

Summary Plan Description (the retirement plan booklet that you should receive

when you enroll in the plan) and review the information about the plan.

CHAPTER 1: TYPES OF RETIREMENT PLANS

3
Employer

Contributions and/or

Matching

Contributions

Employee

Contributions

Managing the

Investment

Amount of Benefits

Paid Upon

Retirement

Type of Retirement

Benefit Payments

Guarantee of

Benefits

Leaving the Company

Before Retirement

Age

Employer funded. Federal rules

set amounts that employers must

contribute to plans in an effort to

ensure that plans have enough

money to pay benefits when due.

There are penalties for failing to

meet these requirements.

Generally, employees do not

contribute to these plans.

Plan officials manage the

investment and the employer is

responsible for ensuring that the

amount it has put in the plan

plus investment earnings will be

enough to pay the promised

benefit.

A promised benefit is based on a

formula in the plan, often using a

combination of the employee’s

age, years worked for the

employer, and/or salary.

Traditionally, these plans pay the

retiree monthly annuity

payments that continue for life.

Plans may offer other payment

options.

The Federal government, through

the Pension Benefit Guaranty

Corporation (PBGC), guarantees

some amount of benefits.

If an employee leaves after

vesting in a benefit but before the

plan’s retirement age, the benefit

generally stays with the plan until

the employee files a claim for it

at retirement. Some defined

benefit plans offer early

retirement options.

There is no requirement that the

employer contribute, except in the

SIMPLE 401(k) and Safe Harbor

401(k)s, money purchase plans,

SIMPLE IRA and SEP plans.

The employer may choose to match

a portion of the employee’s

contributions or to contribute

without employee contributions. In

some plans, employer contributions

may be in the form of employer

stock.

Many plans require the employee to

contribute in order for an account to

be established.

The employee often is responsible

for managing the investment of his or

her account, choosing from

investment options offered by the

plan. In some plans, plan officials

are responsible for investing all the

plan’s assets.

The benefit depends on contributions

made by the employee and/or the

employer, performance of the

account’s investments, and fees

charged to the account.

The retiree may transfer the account

balance into an individual retirement

account (IRA) from which the retiree

withdraws money, or may receive it

as a lump sum payment. Some plans

also offer monthly payments through

an annuity.

No Federal guarantee of benefits.

The employee may transfer the

account balance to an individual

retirement account (IRA) or, in some

cases, another employer plan, where

it can continue to grow based on

investment earnings. The employee

also may take the balance out of the

plan, but will owe taxes and possibly

penalties, thus reducing retirement

income. Plans may cash out small

accounts.

Defined

Contribution Plan

Defined

Benefit Plan

4

Table 1: Characteristics of Defined Benefit and Defined Contribution Plans
CHAPTER 2: EARNING RETIREMENT BENEFITS

Once you have learned what type of retirement plan your employer offers, you need to find out

when you can participate in the plan and begin to earn benefits. Plan rules can vary as long as

they meet the requirements under Federal law. You need to check with your plan or review the

plan booklet (Summary Plan Description) to learn your plan’s rules and requirements. Your plan

may require you to work for the company for a period of time before you may participate in the

plan. In addition, there typically is a time frame for when you begin to accumulate benefits and

earn the right to them (sometimes referred to as “vesting”).

WHO CAN PARTICIPATE IN YOUR EMPLOYER’S RETIREMENT PLAN?

Find out if you are within the group of employees covered by your employer’s retirement plan.

Federal law allows employers to include certain groups of employees and exclude others from a

retirement plan. For example, your employer may sponsor one plan for salaried employees and

another for union employees. Part-time employees may be eligible if they work at least 1,000

hours per year, which is about 20 hours per week. So if you work part-time, find out if you are

covered.

WHEN CAN YOUR PARTICIPATION BEGIN?

Once you know you are covered, you need to find out when you can begin to participate in the

plan. You can find this information in your plan’s Summary Plan Description. Federal law sets

minimum requirements, but a plan may be more generous. Generally, a plan may require an

employee to be at least 21 years old and to have a year of service with the company before the

employee can participate in a plan. However, plans may allow employees to begin participation

before reaching age 21 or completing one year of service. For administrative reasons, your

participation may be delayed up to 6 months after you meet these age and service criteria, or until

the start of the next plan year, whichever is sooner. The plan year is the calendar year, or an

alternative 12-month period, that a retirement plan uses for plan administration. Because the rules

can vary, it is important that you learn the rules for your plan.

Employers have some flexibility to require additional years of service in some circumstances.

For example, if your plan allows you to vest (discussed in detail later in this chapter) immediately

upon participating in the plan, it may require that you work for the company for two years before

you may participate in the plan.

Federal law also imposes other participation rules for certain circumstances. For example, if

you were an older worker when you were hired, you cannot be excluded from participating in the

plan just because you are close to retirement age.

Some 401(k) plans enroll employees automatically. This means that you will automatically

become a participant in the plan unless you choose to opt out. The plan will deduct a set contribution

level from your paycheck and put it into a predetermined investment. If your employer has a

401(k) plan, find out whether your plan has automatic enrollment, the date your participation

begins, and where the funds are invested. Plans with automatic enrollment must provide you an

opportunity once a year to change the contribution rate or to opt out of the plan. (Note: Check your

plan booklet for information on when you may change your investment choices.)

5
WHEN DO YOU BEGIN TO ACCUMULATE BENEFITS?

Once you begin to participate in a retirement plan, you need to understand how you accrue or

earn benefits. Your accrued benefit is the amount of retirement benefits that you have accumulated

or that have been allocated to you under the plan at any particular point in time.

Defined benefit plans often count your years of service in order to determine whether you have

earned a benefit and also to calculate how much you will receive in benefits at retirement. Employees

in the plan who work part-time, but who work 1,000 hours or more each year, must be credited with

a portion of the benefit in proportion to what they would have earned if they were employed full

time. In a defined contribution plan, your benefit accrual is the amount of contributions and

earnings that have accumulated in your 401(k) or other retirement plan account, minus any fees

charged to your account by your plan.

Special rules for when you begin to accumulate benefits may apply to certain types of retirement

plans. For example, in a Simplified Employee Pension Plan (SEP), all participants who earn at least

$450 a year from their employers are entitled to receive a contribution.

CAN A PLAN REDUCE PROMISED BENEFITS?

Defined benefit plans may change the rate at which you earn future benefits but cannot reduce

the amount of benefits you have already accumulated. For example, a plan that accrues benefits at

the rate of $5 a month for years of service through 2006 may be amended to provide that for years

of service beginning in 2007 benefits will be credited at the rate of $4 per month. Plans that make

a significant reduction in the rate at which benefits accumulate must provide you with written

notice generally at least 15 days before the change goes into effect.

Also, in most situations, if a company terminates a defined benefit plan that does not have

enough funding to pay all of the promised benefits, the Pension Benefit Guaranty Corporation will

pay plan participants and beneficiaries some retirement benefits, but possibly less than the level of

benefits promised. (For more information, see the PBGC’s Web site at www.pbgc.gov.)

In a defined contribution plan, the employer may change the amount of employer contributions

in the future. Depending on the plan terms, the employer may also be able to stop making

contributions for a few years or indefinitely.

Finally, an employer may terminate a defined benefit or a defined contribution plan, but may not

reduce the benefit you have already accrued in the plan.

HOW SOON DO YOU HAVE A RIGHT TO YOUR ACCUMULATED BENEFITS?

You immediately vest in your own contributions and the earnings on them. This means you have

earned the right to these amounts without the risk of forfeiting them. But note – there are restrictions

on actually taking them out of the plan. See the discussion on the rules for distributions later in this

booklet.

However, you do not necessarily have an immediate right to any contributions made by your

employer. Federal law provides a maximum number of years a company may require employees to

work to earn the vested right to all or some of these benefits. (See tables on pages 8-9 showing the

vesting rules).

In a defined benefit plan, an employer can require that employees have 5 years of service in

order to become vested in the employer funded benefits. Employers also can choose a graduated

vesting schedule, which requires an employee to work 7 years in order to be 100 percent vested, but

provides at least 20 percent vesting after 3 years, 40 percent after 4 years, 60 percent after 5 years,

and 80 percent after 6 years of service. The permitted vesting schedules for current defined benefit

6
plans are shown in Table 3 on page 8. Plans may provide a different schedule as long as it is more

generous than these vesting schedules.

In a defined contribution plan such as a 401(k) plan, you are always 100 percent vested in your

own contributions to a plan, and in any subsequent earnings from your contributions. However, in

most defined contribution plans you may have to work several years before you are vested in the

employer’s matching contributions. (There are exceptions, such as the SIMPLE 401(k) and the Safe

Harbor 401(k), in which you are immediately vested in all required employer contributions.)

Currently, employers have a choice of two different vesting schedules for employer matching

401(k) contributions, which are shown in Table 2 on page 8. Your employer may use a schedule in

which employees are 100 percent vested in employer contribution after 3 years of service, called

cliff vesting. Under graduated vesting, an employee must be at least 20 percent vested after 2 years,

40 percent after 3 years, 60 percent after 4 years, 80 percent after 5 years, and 100 percent after 6

years.

You may lose some of the employer-provided benefits you have earned if you leave your job

before you have worked long enough to be vested. However, once vested, you have the right to

receive the vested portion of your benefits even if you leave your job before retirement. But even

though you have the right to certain benefits, your defined contribution plan account value could

decrease after you leave your job as a result of investment performance.

NOTE

If you leave your company and return, you may be able to count your earlier period of employment

towards the years of service needed for vesting in the employer-provided benefits. Unless your

break in service with the company was 5 years or the time equal to the length of your pre-break

employment, whichever is greater, you likely can count that time prior to your break. Because these

rules are very specific, you should read your plan document carefully if you are contemplating a

short-term break from your employer, and then discuss it with your plan administrator. If you left

employment prior to January 1, 1985, different rules apply. For more information, contact the

Department of Labor toll free at 1-866-444-EBSA (3272).

7

Table 2 below shows the current vesting schedules, as of 2002, for employer matching 401(k)

contributions, as discussed above.

Table 3 is for employees receiving employer contributions other than matching 401(k)

contributions, including those in a defined benefit plan. It is also for employees in a defined

contribution plan who left an employer after 1988 (and for employer matching 401(k)

contributions prior to 2002).

Table 4 is for plans you left before 1989.

Generally, an employer must count your years of service for vesting credit starting with your date

of employment. Two exceptions provide that your employer may start counting your years of

service with the first plan year following (1) your 18th birthday if you were under 18 years of age

when you started working there, and (2) the date you start contributing to a 401(k) plan if you

elected not to contribute when you first were eligible.

Plans can allow employees the right to employer-provided benefits sooner than indicated in the

following tables.

Vesting Rules
8

TABLE 3: Effective Date 1/01/89 -

Present* for Other Employer Contributions

GRADUATED VESTING

Years of Service Non-forfeitable Percentage

3

4

5

6

7

20%

40%

60%

80%

100%

Cliff Vesting

Less than 5 years of service - 0% Vested

At least 5 years of service - 100% Vested

MINIMUM VESTING REQUIREMENTS UNDER ERISA

EMPLOYER CONTRIBUTIONS

(USE TABLE IN EFFECT ON DATE YOU LEFT EMPLOYER)

TABLE 2: Effective Date 1/01/02 -

Present for 401(k) Matching Contributions

GRADUATED VESTING

Years of Service Non-forfeitable Percentage

2

3

4

5

6

20%

40%

60%

80%

100%

Cliff Vesting

Less than 3 years of service - 0% Vested

At least 3 years of service - 100% Vested
9

NOTE

For plans subject to collective bargaining agreements, the effective date is the earlier of

the date on which the last of the collective bargaining agreements under which the plan

is maintained terminates or —

* 01/01/99.

** 01/01/89.

ACTION ITEMS

Find out if you are covered by an employer plan.

Find out how soon you can start participating in and/or contributing to your retirement

plan after you start working for a company.

Get a Summary Plan Description.

Review your plan document or Summary Plan Description to understand how you

earn benefits in your plan.

Find your plan’s vesting schedule to check when you are fully vested. If you are thinking

of changing jobs, check your plan to see if working longer will allow you to vest more

fully in your employer’s contributions.

Rule of 45

If employee’s age and years of service total 45,

then 50% of the benefits must be vested with

at least 10% vesting for each year thereafter

TABLE 4: Effective Date 1974 - 12/31/88**

for all Employer Contributions

GRADUATED VESTING

Years of Service Non-forfeitable Percentage

5

6

7

8

9

10

11

12

13

14

15

25%

30%

35%

40%

45%

50%

60%

70%

80%

90%

100%

Cliff Vesting

Less than 10 years of service - 0% Vested

At least 10 years of service - 100% Vested

If you have a question about your retirement plan, you can start by looking for an answer

in the information that the plan provides. You can request this information from your plan

administrator, the person who is in charge of running the plan. Your employer can tell you

how to contact your plan administrator.

INFORMATION PROVIDED BY THE RETIREMENT PLAN

Each retirement plan is required to have a formal, written plan document that details how

it operates and its requirements. As noted previously, there is also a booklet that describes the

key plan rules, called the Summary Plan Description (SPD), which should be much easier to

read and understand. The SPD also should include a summary of any material changes to the

plan or to the information required to be in the SPD. In many cases, you can start with the SPD

and then look at the plan document if you still have questions.

In addition, plans must provide you with a number of notices. Some of the key notices are

described in Table 5 on page 12.

For example, defined contribution plans, such as 401(k) plans, generally are required to

provide advance notice to employees when a “blackout period” occurs. A blackout period is

when a participant’s right to direct investments, take loans, or obtain distributions is suspended

for a period of at least three consecutive business days. Blackout periods can often occur

when plans change recordkeepers or investment options.

Some plan information, such as the Summary Plan Description, must be provided to you

automatically and without charge at the time periods indicated below. You may request a

Summary Plan Description at other times, but your employer might charge you a copying fee.

You must ask the plan if you want other information, such as a copy of the written plan document

or the plan’s Form 5500 annual financial report, and you may have to pay a copying fee. See

Tables 5 on page 12 and 6 on page 13. Many employers provide benefit information on a Web

site.

In some cases, plans provide information more frequently than required by Federal law.

For instance, many large defined contribution plans provide quarterly benefit statements, and

some plans allow participants to check their statements online or by telephone.

The plan’s annual financial report (Form 5500) is also available (there is a copying fee if

over 100 pages) by contacting the U.S. Department of Labor, EBSA Public Disclosure Facility,

Room N-1513, 200 Constitution Avenue, NW, Washington, D.C. 20210, telephone: (202)

693-8673. In addition, if your plan administrator does not provide you, as a participant covered

under the plan, with a copy of the Summary Plan Description automatically or after you request

it, you may contact the Department of Labor toll free at 1-866-444-EBSA (3272) for help.

CHAPTER 3: PLAN INFORMATION TO REVIEW

11
TABLE 5: Key Information Your Plan Administrator Must Provide Automatically

Summary Plan

Description (SPD)

Summary of Material

Modifications

Summary Annual

Report

Notice of Significant

Reduction in Future

Benefit Accruals

Blackout notice

Notice to Participants

of Underfunded Plan

A summary version of the plan

document and other important

plan information, in

easier-to-understand language.

A summary of significant plan

changes or changes in the

information required to be in

the SPD.

A summary of financial

information filed by the plan on

its Form 5500 Annual Return/

Report.

Notice of any significant

reduction in the rate of future

benefit accruals, the

elimination, or significant

reduction in an early retirement

benefit or retirement-type

subsidy. Applies to defined

benefit plans and certain

defined contribution plans.

Notice of a period of more than

3 consecutive business days

when there is a temporary

suspension, limitation or

restriction on directing or

diversifying plan assets,

obtaining loans, or obtaining

distributions. Applies to 401(k)

or other individual account

plans.

For defined benefit plans that

are less than 90% funded, the

notice of the funding level of

the plan and information on

PBGC guarantees.

Within 90 days of becoming a

participant in the plan, and

An updated copy every 10

years (5 years if the plan has

been amended).

Within 7 months of the end of the plan

year in which the changes were made.

Within 9 months after the end of the

plan year or 2 months after the annual

report filing deadline.

Within a reasonable time before the

effective date of the plan amendment.

Generally, at least 30 days before the

blackout date.

Within 2 months after the due date for

filing the annual report.

What Description When

12
Individual Benefit

Statement

Plan Documents

Annual Report (Form

5500) – most recent

report

Statement of total accrued

benefits and total vested pension

benefits, and the earliest date on

which nonvested benefits

become vested.

Documents that provide the

terms of the plan, including

collective bargaining agreements

and trust agreements.

Financial information about the

plan that most plans are required

to file with the government

within 7 months of the end of

the plan year.

Free (no more than once a year)

Reasonable copying charge

Reasonable copying charge

What Desription Cost

TABLE 6: Key Information Your Plan Administrator Must Provide Upon Written

Request

WHAT PLAN INFORMATION SHOULD YOU REVIEW REGULARLY?

If you are in a defined benefit plan, you should request an individual benefit statement once a

year and review its description of the total benefits you have earned and whether you are vested in

those benefits. Also check to make sure your date of birth, date of hire, and the other information

included is correct.

Many defined contribution plans, including 401(k) plans, send participants individual benefit

statements. If you receive a statement, check it to make sure all of the information is accurate. This

information may include:

Salary level

Amounts that you and your employer have contributed

Years of service with the employer

Home address

Social Security number

Beneficiary designation

Marital status

The performance of your investments (defined contribution plan participants)

Fees paid by the plan and/or charged to participants. (For more information, see the

Department of Labor brochure “A Look at 401(k) Plan Fees” at www.dol.gov/ebsa or call

the Department of Labor toll free at 1-866-444-EBSA (3272).) Check with your plan to

see if this information is included in materials on your investment options, the benefit

statement, the Summary Plan Description or the plan’s annual report Form 5500. See

Chapter 7 for more information on the fees that your employer can charge to your account.

13
ACTION ITEMS

Make sure you have received the plan’s Summary Plan Description and read it for

information on how your plan works.

Read other documents you receive from your plan to make sure that you keep up with

any plan changes, and check that the information on your benefit statement is accurate.

If you are in a defined contribution plan, ask for information on the investment choices

available in the plan and find out when and how you can change your plan account

investments.

If you suspect errors in your plan information, contact your plan administrator or the

human resources department.

If there have been changes in your personal information, such as a marriage, divorce or

change of address, contact your plan administrator or the human resources department.

Keep your plan documents in a safe place in case questions arise in the future.

14
Once you understand what type of plan you have, how you earn benefits, and how much

your benefits will be, it is important to learn when and how you can receive them.

WHEN CAN YOU BEGIN TO RECEIVE RETIREMENT BENEFITS?

There are several points to keep in mind in determining when you can receive benefits:

1. Federal law provides guidelines, shown in Table 7 below, for when plans must

start paying retirement benefits.

2. Plans can choose to start paying benefits sooner. The plan documents will state

when you may begin receiving payments from your plan.

3. You must file a claim for benefits for your payments to begin. This takes some

time for administrative reasons. (See Chapter 6)

*For administrative reasons, benefits do not begin immediately after meeting these conditions.

At a minimum, your plan must provide that you will start receiving benefits within 60 days

after the end of the plan year in which you satisfy the conditions. Also, you need to file a claim

under your plan’s procedures. (See Chapter 6)

Under certain circumstances, your benefit payments may be suspended if you continue to

work beyond normal retirement age. The plan must notify you of the suspension during the

first calendar month or payroll period in which payments are withheld. This information should

also be included in the Summary Plan Description. A plan also must advise you of its procedures

for requesting an advance determination of whether a particular type of reemployment would

result in a suspension of benefit payments. If you are a retiree and are considering taking a job,

you may wish to write your plan administrator and ask if your benefits would be suspended.

Table 7 shows the general requirements for when payments begin. Listed below are some

permitted variations:

Although defined benefit plans and money purchase plans generally allow you to

receive benefits only when you reach the plan’s retirement age, some have provisions

for early retirement.

CHAPTER 4: PAYMENT OF BENEFITS

15

Or -

Terminating your

service with the

employer

Or -

10 years of

service

Under Federal law, your plan must allow you to begin receiving benefits*

the later of -

Reaching age 65 or the age your plan considers to

be normal retirement age (if earlier)

TABLE 7: Requirements Under Federal Law for Payment of Retirement Benefits
401(k) plans often allow you to receive your account balance when you leave your job.

401(k) plans may allow for distributions while still employed if you have reached age

591⁄2 or if you suffer a hardship.

Profit-sharing plans may permit you to receive your vested benefit after a specific number

of years or whenever you leave your job.

A phased retirement option allows employees at or near retirement age to reduce their

work hours to part time, receive benefits, and continue to earn additional funds.

ESOPs do not have to pay out any benefits until one year after the plan year in which you

retire, or as many as six years if you leave for reasons other than retirement, death, or

disability.

WARNING

1. You may owe current income taxes – and possibly tax penalties — on your distribution

if you take money out before age 59 1⁄2, unless you transfer it to an IRA or another

tax-qualified retirement plan.

2. Taking all or a portion of your funds out of your account before retirement age will

mean you have less in retirement benefits.

WHEN IS THE LATEST YOU MAY BEGIN TO TAKE PAYMENT OF YOUR BENEFITS?

Federal law sets a mandatory date by which you must start receiving your retirement benefits,

even if you would like to wait longer. This mandatory start date generally is set to begin on April 1

following the calendar year in which you turn 701⁄2 or, if later, when you retire. However, your plan

may require you to begin receiving distributions even if you have not retired by age 701⁄2.

IN WHAT FORM WILL YOUR BENEFITS BE PAID?

If you are in a defined benefit or money purchase plan, the plan must offer you a benefit in the

form of a life annuity, which means that you will receive equal, periodic payments, often as a

monthly benefit, which will continue for the rest of your life. Defined benefit and money purchase

plans may also offer other payment options, so check with the plan. If you are in a defined contribution

plan (other than a money purchase plan), the plan may pay your benefits in a single lump-sum

payment as well as offer other options, including payments over a set period of time (such as 5 or 10

years) or an annuity with monthly lifetime payments.

If you are leaving your employer before retirement age, see the next chapter.

CAN A BENEFIT CONTINUE FOR YOUR SPOUSE SHOULD YOU DIE FIRST?

In a defined benefit or money purchase plan, unless you and your spouse choose otherwise, the

form of payment will include a survivor’s benefit. This survivor’s benefit, called a qualified joint and

survivor annuity (QJSA), will provide payments over your lifetime and your spouse’s lifetime. The

benefit payment that your surviving spouse receives must be at least half of the benefit payment you

received during your joint lives. If you choose not to receive the survivor’s benefit, both you and

your spouse must receive a written explanation of the QJSA and, within certain time limits, you must

make a written waiver and your spouse must sign a written consent to the alternative payment form

without a survivor’s benefit. Your spouse’s signature must be witnessed by a notary or plan

representative.

16
In most 401(k) plans and other defined contribution plans the plan is written so different protections

apply for surviving spouses. In general, in most defined contribution plans if you should die before

you receive your benefits, your surviving spouse will automatically receive them. If you wish to

select a different beneficiary, your spouse must consent by signing a waiver, witnessed by a notary

or plan representative.

If you were single when you enrolled in the plan and subsequently married, it is important that

you notify your employer and/or plan administrator and change your status under the plan. If you

do not have a spouse, it is important to name a beneficiary.

If you or your spouse left employment prior to January 1, 1985, different rules apply. For more

information on these rules, contact the Department of Labor toll free at 1-866-444-EBSA (3272).

CAN YOU BORROW FROM YOUR 401(K) PLAN ACCOUNT?

401(k) plans are permitted to – but not required to – offer loans to participants. The loans must

charge a reasonable rate of interest and be adequately secured. The plan must include a procedure

for applying for the loans and the plan’s policy for granting them. Loan amounts are limited to the

lesser of 50% of your account balance or $50,000 and must be repaid within 5 years, or 15 years for

residential loans.

CAN YOU GET A DISTRIBUTION FROM YOUR PLAN IF YOU ARE NOT YET 65 OR YOUR PLAN’S

NORMAL RETIREMENT AGE BUT ARE FACING A SIGNIFICANT FINANCIAL HARDSHIP?

Again, defined contribution plans are permitted to – but not required to – provide distributions

in case of hardship. Check your plan booklet to see if it does permit them and what circumstances

are included as hardships.

ACTION ITEMS

Find out when and in what form you can receive your benefits at retirement.

Fill out the necessary forms to update information with your retirement plan.

Notify the retirement plan of any change of address or marital status.

Keep all documents for your records, including Summary Plan Descriptions, company

memos, and individual benefit statements.

For tax information, look at Internal Revenue Service Publication 575 (Pension and Annuity

Income) by visiting www.irs.gov/ and clicking on “Publications”.

17
18
CHAPTER 5: TAKING YOUR RETIREMENT BENEFIT WITH YOU

If you leave an employer before you reach retirement age, whether or not you can take

your benefits out and/or roll them into another tax-qualified plan or account will depend on

what type of plan you are in.

IF YOU LEAVE BEFORE RETIREMENT, CAN YOU TAKE YOUR RETIREMENT BENEFIT WITH YOU?

If you are in a defined benefit plan (other than a cash balance plan), you most likely will

be required to leave the benefits with the retirement plan until you become eligible to receive

them. As a result, it is very important that you update your personal information with the plan

administrator regularly and keep current on any changes in your former employer’s ownership

or address.

If you are in a cash balance plan, you probably will have the option of transferring at least

a portion of your account balance to an individual retirement account or to a new employer’s

plan.

If you leave your employer before retirement age and you are in a defined contribution

plan (such as a 401(k) plan), in most cases you will be able to transfer your account balance

out of your employer’s plan.

WHAT CHOICES DO YOU HAVE FOR TAKING YOUR DEFINED CONTRIBUTION BENEFITS?

A lump sum – you can choose to receive your benefits as a single payment from

your plan, effectively cashing out your account. You may need to pay income

taxes on the amount you receive, and possibly a penalty.

A rollover to another retirement plan – you can ask your employer to transfer your

account balance directly to your new employer’s plan if it accepts such transfers.

A rollover to an IRA – you can ask your employer to transfer your account balance

directly to an individual retirement account (IRA).

If your account balance is less than $5,000 when you leave the employer, the plan

can make an immediate distribution without your consent. If this distribution is

more than $1,000, the plan must automatically roll the funds into an IRA it selects,

unless you elect to receive a lump sum payment or to roll it over into an IRA you

choose. The plan must first send you a notice allowing you to make other

arrangements, and it must follow rules regarding what type of IRA can be used (i.e.

it can not combine the distribution with savings you have deposited directly in an

IRA). Rollovers must be made to an entity that is qualified to offer individual

retirement plans. Also, the rollover IRA must have investments designed to preserve

principal. The IRA provider may not charge more in fees and expenses for such

plans than it would to its other individual retirement plan customers.

Please note: If you elect a lump sum payment and do not transfer the money to another

retirement account (employer plan or IRA other than a Roth IRA), you will owe a tax penalty if

19
you are under age 591⁄2 and do not meet certain exceptions. In addition, you may have less to live

on during your retirement. Transferring your retirement plan account balance to another plan or an

IRA when you leave your job will protect the tax advantages of your account and preserve the

benefits for retirement.

WHAT HAPPENS IF YOU LEAVE A JOB AND LATER RETURN?

If you leave an employer for whom you have worked for several years and later return, you may

be able to count those earlier years toward vesting. Generally, a plan must preserve the service

credit you have accumulated if you leave your employer and then return within five years. Service

credit refers to the years of service that count towards vesting. Because these rules are very specific,

you should read your plan document carefully if you are contemplating a short-term break from

your employer, and then discuss it with your plan administrator. If you left employment prior to

January 1, 1985, different rules apply.

If you retire and later go back to work for a former employer, you must be allowed to continue to

accrue additional benefits, subject to a plan limit on the total years of service credited under the

plan.

ACTION ITEMS

If you are leaving an employer before retirement, find out whether you can roll your

benefits into a new plan or into an IRA.

If you are leaving your benefits in your former employer’s plan, be sure to keep your

contact information up to date with the former employer, and keep track of the employer’s

contact information.

If you are considering taking your benefits out as a lump sum, find out what taxes and

penalties you will owe, and make a plan on how you will replace that income in

retirement.

20
Federal retirement law requires all plans to have a reasonable written procedure for

processing your benefits claim and appeal if your claim is denied. The Summary Plan

Description (SPD) should include your plan’s claims procedures. Usually, you fill out the

required paperwork and submit it to the plan administrator, who then can tell you what your

benefits will be and when they will start.

FILING A CLAIM AND FILING AN APPEAL

If there is a problem or a dispute about whether you qualify for benefits or what amount

you should receive, check your plan’s claims procedure. Federal law outlines the following

claims procedures requirements:

Once your claim is filed, the plan can take up to 90 days to reach a decision, or

180 days if it notifies you that it needs an extension.

If your claim is denied, you must receive a written notice, including specific

information about why your claim was denied and how to file an appeal.

You have 60 days to request a full and fair review of your denied claim, using your

plan’s appeals procedure.

The plan can take up to 60 days to review your appeal, as well as an additional 60

days if it notifies you of the need for an extension. The plan must then send a

written notice telling you whether the appeal was granted or denied.

If the appeal is denied, the written notice must tell you the reason, describe any

additional appeal levels, and give you a statement regarding your rights to seek

judicial review of the plan’s decision.

If you believe the plan failed to follow ERISA’s requirements, you may decide to seek legal

advice if the plan denies your appeal. You also can contact the Department of Labor concerning

your rights under ERISA by calling toll free 1-866-444-EBSA (3272).

For more information on claims procedures, see the Department of Labor publication,

“Filing a Claim for Your Retirement Benefits,” at www.dol.gov/ebsa or call toll free 1-866-444-

EBSA (3272).

ACTION ITEMS

Contact your plan administrator to get the paperwork that you need to file a claim

to start receiving retirement benefits.

Contact the Department of Labor (EBSA) by calling toll free 1-866-444-EBSA (3272)

if you have questions about your plan or your rights under ERISA.

CHAPTER 6: FILING A CLAIM FOR BENEFITS

21

In every retirement plan, there are individuals or groups of people who use their own

judgment or discretion in administering and managing the plan or who have the power to or

actually control the plan’s assets. These individuals or groups are called plan fiduciaries.

Fiduciary status is based on the functions that the person performs for the plan, not just the

person’s title.

DOES YOUR PLAN HAVE TO IDENTIFY THOSE RESPONSIBLE FOR OPERATING THE PLAN?

A plan must name at least one fiduciary in the written plan document, or through a process

described in the plan, as having control over the plan’s operations. This fiduciary can be

identified by office or by name. For some plans, it may be an administrative committee or the

company’s board of directors. Usually, a plan’s fiduciaries will include the trustee, investment

managers, and the plan administrator. The plan administrator is usually the best starting point

for questions you might have about the plan.

WHAT ARE THE RESPONSIBILITIES OF PLAN FIDUCIARIES?

Fiduciaries have important responsibilities and are subject to certain standards of conduct

because they act on behalf of the participants in the plan. These responsibilities include:

Acting solely in the interest of plan participants and their beneficiaries, with the

exclusive purpose of providing benefits to them;

Carrying out their duties with skill, prudence, and diligence;

Following the plan documents (unless inconsistent with ERISA);

Diversifying plan investments;

Paying only reasonable expenses of administering the plan and investing its assets;

and

Avoiding conflicts of interest.

The fiduciary also is responsible for selecting the investment providers and the investment

options, and for monitoring their performance. Some plans, such as most 401(k) or profit

sharing plans, can be set up to permit participants to choose the investments in their accounts

(within certain investment options provided by the plan). If the plan is properly set up to give

participants control over their investments, then the fiduciary is not liable for losses resulting

from the participant’s investment decisions. Department of Labor rules provide guidance

designed to make sure participants have sufficient information on the specifics of their investment

options so they can make informed decisions. This information includes:

A description of each investment option, including the investment goals, risk, and

return characteristics;

Information about any designated investment managers;

An explanation of when and how to request changes in investments, plus any

restrictions on when you can change investments;

CHAPTER 7: RESPONSIBILITIES OF PLAN FIDUCIARIES

23
A statement of the fees that may be charged to your account when you change investment

options or buy and sell investments; and

The name, address, and telephone number of the plan fiduciary or other person designated

to provide certain additional information on request.

A statement that the plan is intended to follow the Department of Labor rules and that the

fiduciaries may be relieved of liability for losses that are the direct and necessary result of a participant’s

investment instructions also must be included.

WHAT IF A PLAN FIDUCIARY FAILS TO CARRY OUT ITS RESPONSIBILITIES?

Fiduciaries that do not follow the required standards of conduct may be personally liable. If the

plan lost money because of a breach of their duties, fiduciaries would have to restore those losses,

or any profits received through their improper actions. For example, if an employer did not forward

participants’ 401(k) contributions to the plan, they will have to pay back the contributions to the

plan as well as any lost earnings, and return any profits they improperly received. Fiduciaries also

can be removed from their positions as fiduciaries if they fail to follow the standards of conduct.

WHEN DOES THE EMPLOYER NEED TO DEPOSIT EMPLOYEE CONTRIBUTIONS IN THE PLAN?

If you contribute to your retirement plan through deductions from your paycheck, then the

employer must follow certain rules to make sure that it deposits the contributions in a timely manner.

The law says that the employer must deposit participant contributions as soon as it is reasonably

possible to separate them from the company’s assets, but no later than the 15th business day of the

month following the payday. In the Annual Report (Form 5500), the plan administrator is required to

include information on whether deposits of contributions were made on a timely basis. For more

information, see the Department of Labor’s “Ten Warnings Signs That Your 401(k) Contributions Are

Being Misused,” at www.dol.gov/ebsa for indicators of possible delays in depositing contributions.

WHAT ARE THE PLAN FIDUCIARIES’ OBLIGATIONS REGARDING THE FEES AND EXPENSES PAID BY

THE PLAN? CAN THE PLAN CHARGE MY DEFINED CONTRIBUTION PLAN ACCOUNT FOR FEES?

Plan fiduciaries have a specific obligation to consider the fees and expenses paid by your plan

for its operations. ERISA’s fiduciary standards, discussed above, mean that fiduciaries must establish

a prudent process for selecting investment alternatives and service providers to the plan; ensure that

fees paid to service providers and other expenses of the plan are reasonable in light of the level and

quality of services provided; select investment alternatives that are prudent and adequately diversified;

and monitor investment alternatives and service providers once selected to see that they continue to

be appropriate choices.

The plan may deduct fees from your defined contribution plan account. Plan administration

fees and investment fees can be deducted from your account either as a direct charge or indirectly

as a reduction of your account’s investment returns. Fees for individual services, such as for processing

a loan from the plan or a Qualified Domestic Relations Order, also may be charged to your account.

For more information, see the Department of Labor brochure “A Look at 401(k) Plan Fees” at

www.dol.gov/ebsa or call the Department of Labor toll free at 1-866-444-EBSA (3272).

ACTION ITEM

If you have any questions about the management of the plan and its assets, contact your

plan administrator.

24
As noted at the beginning of this booklet, employers are not required to offer a retirement

plan and plans can be modified and/or terminated.

WHAT HAPPENS WHEN A PLAN IS TERMINATED?

Federal law provides some measures to protect employees who participated in plans that

are terminated, both defined benefit and defined contribution. When a plan is terminated,

the current employees must become 100 percent vested in their accrued benefits. This means

you have a right to all the benefits that you have earned at the time of the plan termination,

even benefits in which you were not vested and would have lost if you had left the employer.

If there is a partial termination of a plan, for example, if your employer closes a particular plant

or division that results in the end of employment of a substantial percentage of plan participants,

the affected employees must be immediately 100 percent vested to the extent the plan is

funded.

WHAT IF YOUR TERMINATED DEFINED BENEFIT PLAN DOES NOT HAVE ENOUGH MONEY TO

PAY THE BENEFITS?

The Federal government, through the Pension Benefit Guaranty Corporation (PBGC), insures

most private defined benefit plans. For terminated defined benefit plans with insufficient

money to pay all of the benefits, the PBGC will guarantee the payment of your vested pension

benefits up to the limits set by law. For further information on plan termination guarantees,

contact the Pension Benefit Guaranty Corporation toll free at 1-800-400-7242, or visit the

Web site at www.pbgc.gov.

WHAT HAPPENS IF A DEFINED CONTRIBUTION PLAN IS TERMINATED?

The PBGC does not guarantee benefits for defined contribution plans. If you are in a

defined contribution plan that is in the process of terminating, the plan fiduciaries and trustees

should take actions to maintain the plan until they terminate it and pay out the assets.

IS YOUR ACCRUED BENEFIT PROTECTED IF YOUR PLAN MERGES WITH ANOTHER PLAN?

Your plan rules and investment choices are likely to change if your company merges with

another. Your employer may choose to merge your plan with another plan. If your plan is

terminated as a result of the merger, the benefits that you have accrued cannot be reduced.

You must receive a benefit that is at least equal to the benefit you were entitled to before the

merger. In a defined contribution plan, the value of your account may still fluctuate after the

merger based on the performance of the investments.

Special rules apply to mergers of multiemployer defined benefit plans, which generally

are under the jurisdiction of the PBGC. Contact the PBGC for further information.

WHAT IF YOUR EMPLOYER GOES BANKRUPT?

Generally, your retirement assets should not be at risk if your employer declares bankruptcy.

Federal law requires that retirement plans fund promised benefits adequately and keep plan

assets separate from the employer’s business assets. The funds must be held in trust or invested

in an insurance contract. The employers’ creditors cannot make a claim on retirement plan

CHAPTER 8: YOUR BENEFIT DURING A PLAN TERMINATION

OR COMPANY MERGER

25
funds. However, it is a good idea to confirm that any contributions your employer deducts from your

paycheck are forwarded to the plan’s trust or insurance contract in a timely manner.

Significant business events such as bankruptcies, mergers, and acquisitions can result in employers

abandoning their individual account plans (e.g., 401(k) plans), leaving no plan fiduciary to manage

it. In this situation, participants often have great difficulty in accessing the benefits they have earned

and have no one to contact with questions. Custodians such as banks, insurers, and mutual fund

companies are left holding the assets of these plans but do not have the authority to terminate the

plans and distribute the assets. In response, the Department of Labor issued rules to create a voluntary

process for the custodian to wind up the plan’s business so that benefit distributions can be made and

the plan terminated. Information about this program can be found on the Department of Labor’s Web

site at www.dol.gov/ebsa.

ACTION ITEMS

If your former employer has gone out of business, arrangements should have been made

so a plan official remains responsible for the payment of benefits and other plan business.

If you are entitled to benefits and are unable to contact the plan administrator, contact

EBSA by calling toll free 1-866-444-EBSA (3272) or electronically at http://askebsa.dol.gov.

Keep a file with information on your plan and company. If the company no longer exists

under its former name, you might find some information on the Internet by entering the

former name in a search engine. If your plan is abandoned, use the search function on the

EBSA Web site, at www.dol.gov/ebsa, to find out if the plan’s custodian is terminating the

plan and the custodian’s contact information.

If your plan merges, make sure you read the communications about changes in your plan,

including changes in benefits and investment choices.

If your retirement benefit remains with a former employer, keep current on any changes

your former employer makes, including changes of address, mergers, or employer name.

If you move, give the plan your new contact information.

26
In general, your retirement plan is safe from claims by other people. Creditors to whom

you owe money cannot make a claim against funds that you have in a retirement plan. For

example, if you leave your employer and transfer your 401(k) account into an individual

retirement account (IRA), creditors generally cannot get access to those IRA funds even if you

declare bankruptcy.

Federal law does make an exception for family support and the division of property at

divorce. A state court can award part or all of a participant’s retirement benefit to the spouse,

former spouse, child, or other dependent. The recipient named in the order is called the

alternate payee. The court issues a specific court order, called a domestic relations order,

which can be in the form of a state court judgment, decree or order, or court approval of a

property settlement agreement. The order must relate to child support, alimony, or marital

property rights, and must be made under state domestic relations law. The plan administrator

determines if the order is a qualified domestic relations order (QDRO) under the plan’s

procedures and then notifies the participant and the alternate payee. If the participant is still

employed, a QDRO can require payment to the alternate payee to begin on or after the

participant’s earliest possible retirement age available under the plan. These rules apply to

both defined benefit and defined contribution plans. For additional information, see EBSA’s

publication, “QDROs – The Division of Pensions Through Qualified Domestic Relations Orders”

available by calling toll free 1-866-444-EBSA (3272) or on the Web site at www.dol.gov/ebsa.

ACTION ITEMS

If you are involved in a divorce, you should discuss these issues with your plan

administrator and your attorney.

CHAPTER 9: POTENTIAL CLAIMS AGAINST YOUR BENEFIT

(DIVORCE)

27

Sometimes, retirement plan administrators, managers, and others involved with the plan

make mistakes. Some examples include:

Your 401(k) or individual account statement is consistently late or comes at irregular

intervals;

Your account balance does not appear to be accurate;

Your employer fails to transmit your contribution to the plan on a timely basis;

Your plan administrator does not give or send you a copy of the Summary Plan

Description; or

Your benefit is calculated incorrectly.

It is important for you to know that you can follow up on any possible mistakes without

fear of retribution. Employers are prohibited by law from firing or disciplining employees to

avoid paying a benefit, as a reprisal for exercising any of the rights provided under a plan or

Federal retirement law (ERISA), or for giving information or testimony in any inquiry or

proceeding related to ERISA.

START WITH YOUR EMPLOYER AND/OR PLAN ADMINISTRATOR

If you find an error or have a question, in most cases, you can start by looking for information

in your Summary Plan Description. In addition, you can contact your employer and/or the

plan administrator and ask them to explain what has happened and/or make a correction.

IS IT POSSIBLE TO SUE UNDER ERISA?

Yes, you have a right to sue your plan and its fiduciaries to enforce or clarify your rights under

ERISA and your plan in the following situations:

To appeal a denied claim for benefits after exhausting your plan’s claims review

process;

To recover benefits due you;

To clarify your right to future benefits;

To obtain plan documents that you previously requested in writing but did not

receive;

To address a breach of a plan fiduciary’s duties; or

To stop the plan from continuing any act or practice that violates the terms of the

plan or ERISA.

WHAT IS THE ROLE OF THE LABOR DEPARTMENT?

The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) is the

agency responsible for enforcing the provisions of ERISA that govern the conduct of plan

fiduciaries, the investment and protection of plan assets, the reporting and disclosure of plan

information, and participants’ benefit rights and responsibilities.

CHAPTER 10: WHAT TO DO IF YOU HAVE A PROBLEM

29
However, not all retirement plans are covered by ERISA. For example, Federal, state, or local

government plans and some church plans are not covered.

The Department of Labor enforces the law by informally resolving benefit disputes, conducting

investigations, and seeking correction of violations of the law, including bringing lawsuits when

necessary.

The Department has benefits advisors committed to providing individual assistance to participants

and beneficiaries. Participants will receive information on their rights and responsibilities under the

law and help in obtaining benefits to which they are entitled.

Contact a benefits advisor by calling toll free 1-866-444-EBSA (3272) or electronically at

http://askebsa.dol.gov.

ACTION ITEMS

Contact the Department of Labor’s EBSA for questions about ERISA, help in obtaining a benefit,

or:

If you believe your claim to benefits has been unjustly denied or that your benefit was

calculated incorrectly;

If you have information that plan assets are being mismanaged or misused;

If you think the plan fiduciaries are acting improperly; or

If you think your employer has been late in depositing your contributions (see Chapter

7).

WHAT OTHER FEDERAL AGENCIES CAN ASSIST PARTICIPANTS AND BENEFICIARIES?

The Pension Benefit Guaranty Corporation (PBGC) is a federally created corporation that

guarantees payment of certain pension benefits under most private defined benefit plans when they

are terminated with insufficient money to pay benefits.

You may contact the PBGC at:

Pension Benefit Guaranty Corporation

1200 K Street, NW

Washington, DC 20005-4026

Tel (202) 326-4000

Toll free 1-800-400-PBGC (7242)

www.pbgc.gov

The Treasury Department’s Internal Revenue Service is responsible for the rules that allow

tax benefits for both employees and employers related to retirement plans, including vesting

and distribution requirements. The IRS maintains a taxpayer assistance line for retirement plans

at 1-877-829-5500 (toll-free number). The call center is open Monday through Friday.

30
401(k) Plan – In this type of defined contribution plan, the employee can make contributions

from his or her paycheck before taxes are taken out. The contributions go into a 401(k) account,

with the employee often choosing the investments based on options provided under the plan.

In some plans, the employer also makes contributions, matching the employee’s contributions

up to a certain percentage. SIMPLE and Safe Harbor 401(k) plans have additional employer

contribution and vesting requirements.

Benefit Accrual – The amount of benefits accumulated under the plan.

Cash Balance Plan – A type of defined benefit plan that includes some elements that are

similar to a defined contribution plan because the benefit amount is computed based on a

formula using contribution and earning credits, and each participant has a hypothetical account.

Cash balance plans are more likely than traditional defined benefit plans to make lump-sum

distributions. (For more information, see “Frequently Asked Questions about Cash Balance

Pension Plans” on the Department of Labor’s Web site, at www.dol.gov/ebsa/faqs/.)

Defined Benefit Plan – This type of plan, also known as the traditional pension plan, promises

the participant a specified monthly benefit at retirement. Often, the benefit is based on factors

such as your salary, your age, and the number of years you worked for the employer.

Defined Contribution Plan – In a defined contribution plan, the employee and/or the employer

contribute to the employee’s individual account under the plan. The employee often decides

how their accounts are invested. The amount in the account at distribution includes the

contributions and investment gains or losses, minus any investment and administrative fees.

The contributions and earnings are not taxed until distribution. The value of the account will

change based on the value and performance of the investments.

Employee Retirement Income Security Act of 1974 (ERISA) – A Federal law that sets

standards of protection for individuals in most voluntarily established, private-sector retirement

plans. ERISA requires plans to provide participants with plan information, including important

facts about plan features and funding; sets minimum standards for participation, vesting, benefit

accrual, and funding; provides fiduciary responsibilities for those who manage and control

plan assets; requires plans to establish a claims and appeals process for participants to get

benefits from their plans; gives participants the right to sue for benefits and breaches of fiduciary

duty; and, if a defined benefit plan is terminated, guarantees payment of certain benefits through

a federally chartered corporation, known as the Pension Benefit Guaranty Corporation (PBGC).

Employee Stock Ownership Plan (ESOP) – A type of defined contribution plan that is invested

primarily in employer stock.

GLOSSARY

31
Individual Benefit Statement – An individual benefit statement provides information about a

participant’s retirement benefits, such as the total plan benefits earned and vested benefits, on a

periodic basis. Additional information may be included depending upon the type of plan, such as

how a 401(k) plan account is invested.

Individual Retirement Account (IRA) – An individual account set up with a financial institution,

such as a bank or a mutual fund company. Under Federal law, individuals may set aside personal

savings up to a certain amount, and the investments grow, tax deferred. In addition, defined

contribution plan participants can transfer money from an employer retirement plan to an IRA when

leaving an employer. IRAs also can be part of an employer plan.

Money Purchase Plan – A money purchase plan requires set annual contributions from the employer

to individual accounts and is subject to other rules.

Multiemployer Plan – A retirement plan sponsored by several employers under collective bargaining

agreements that meets certain other requirements. A participant who changes jobs from one

sponsoring employer to another stays within the same plan.

Plan Administrator – The person who is identified in the plan document as having responsibility

for running the plan. It could be the employer, a committee of employees, a company executive, or

someone hired for that purpose.

Plan Document – A written instrument under which the plan is established and operated.

Plan Fiduciary – Anyone who exercises discretionary authority or discretionary control over

management or administration of the plan, exercises any authority or control over management or

disposition of plan assets, or gives investment advice for a fee or other compensation with respect to

assets of the plan.

Plan Trustee – Someone who has the exclusive authority and discretion to manage and control the

assets of the plan. The trustee can be subject to the direction of a named fiduciary and the named

fiduciary can appoint one or more investment managers for the plan’s assets.

Plan Year – A 12-month period designated by a retirement plan for calculating vesting and distribution,

among other things. The plan year can be the calendar year or an alternative period, e.g., July 1 to

June 30.

Profit-Sharing Plan – A profit-sharing plan allows the employer each year to determine how much

to contribute to the plan (out of profits or otherwise) in cash or employer stock. The plan contains a

formula for allocating the annual contribution among the participants.

32
Rollover – A rollover occurs when a participant leaves an employer and directs the defined

contribution plan to transfer the money in his account to a new plan or individual retirement account.

This preserves the benefits and does not trigger any tax consequences if done in a timely manner.

Safe Harbor 401(k) – A safe harbor 401(k) is similar to a traditional 401(k) plan, but the employer

is required to make contributions for each employee. The employer contributions in Safe Harbor

401(k) plans are immediately 100 percent vested. The safe harbor 401(k) eases administrative burdens

on employers by eliminating some of the complex tax rules ordinarily applied to traditional 401(k)

plans.

Savings Incentive Match Plan for Employees of Small Employers (SIMPLE) – A plan in which

a small business with 100 or fewer employees can offer retirement benefits through employee salary

reductions and matching contributions (similar to those found in a 401(k) plan). It can be either a

SIMPLE IRA or a SIMPLE 401(k). SIMPLE IRA plans impose few administrative burdens on employers

because IRAs are owned by the employees and the bank or financial institution receiving the funds

does most of the paperwork. While each has some different features, including contribution limits

and the availability of loans, required employer contributions are immediately 100 percent vested

in both.

Simplified Employee Pension Plan (SEP) – A plan in which the employer makes contributions on

a tax-favored basis to individual retirement accounts (IRAs) owned by the employees. If certain

conditions are met, the employer is not subject to the reporting and disclosure requirements of most

retirement plans. Under a SEP, an IRA is set up by or for an employee to accept the employer’s

contributions.

Summary Plan Description – A document provided by the plan administrator that includes a plain

language description of important features of the plan, e.g., when employees begin to participate in

the plan, how service and benefits are calculated, when benefits become vested, when payment is

received and in what form, and how to file a claim for benefits. Participants must be informed of

material changes either through a revised Summary Plan Description or in a separate document

called a Summary of Material Modifications.

Vested Benefits – Those benefits that the individual has earned a right to receive and that cannot be

forfeited.

Years of Service – The time an individual has worked in a job covered by the plan. It is used to

determine when an individual can participate and vest and how they can accrue benefits in the

plan.

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