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Roth 401(k)s - Arriving Soon at a Retirement Plan Near You?

By Sylvia Bell, JD, Senior Manager of Retirement Benefits, Alpern Rosenthal

Beginning in January 2006, employers sponsoring 401(k) plans may offer plan participants an alternative to traditional pre-tax contributions – a Roth contribution in the qualified 401(k) plan. A Roth contribution in a 401(k) plan is salary contributed to the Plan on an after-tax basis which, when distributed to the employee, comes out of the plan without being taxed. Unlike Roth IRAs, there is no salary limitation to participate in the Roth account.

Roth IRAs have been popular since their introduction in 1998 because the earnings on funds invested in such accounts build up tax free (as opposed to merely tax deferred in a traditional IRA). However, a significant portion of the investing population has been shut out of the Roth IRA market either because their income is above the Roth IRA contribution limit (which generally ranges from $110,000 to $160,000, depending on their filing status) or because they don’t have any funds available to make Roth IRA contributions after funding their 401(k) contribution.

There are two significant economic factors that should be considered when choosing a Roth contribution. First, Roth contributions may be preferable for employees who anticipate higher tax rates in the future (when they want to withdraw their retirement savings). Second, Roth contributions may be exceptionally appealing to those employees who have continually high savings rates and are nearing the tax code’s contribution limits.

Generally, under current qualified retirement plans, money contributed into retirement accounts is done on a pre-tax basis and taxed on distribution. Alternatively, money contributed into a Roth account in a 401(k) plan is subject to federal income tax at the time of contribution, but neither the contributions nor the earnings on that contribution are subject to income tax on distribution at retirement.

Roth contributions may appeal to those who anticipate that:
? Federal tax rates may increase in the future
? They may take a hardship withdrawal (10% penalty tax would not apply to the basis of a Roth distribution)
? They would like to maximize their contributions.

Roth contributions also have the potential for estate planning advantages. Traditional pension plan or IRA distributions are required to begin in the April following the year the participant attains age 70 ½. These distributions are known as Required Minimum Distributions (RMD). RMDs are not required for Roth IRAs. By rolling a distribution from the Roth account into a Roth IRA the individual is not required to take a distribution. Therefore, the account can continue to “build” without being depleted for required minimum distributions and can be a part of a planned estate transfer. The Roth IRA may offer an excellent opportunity to transfer funds at death without the required periodic distribution and normal tax issues that an inherited IRA poses. The IRS has not issued any guidance related to this issue, but currently Roth IRAs are not subject to RMDs.

For employers, offering Roth contributions, the greatest challenge is to prepare employees for the choice between traditional and Roth contributions. The tax question is complex and the employee’s belief about his/her current tax rate and his/her estimate of future rates and future income level is critical to this decision. Implementing a Roth account would entail carefully drafted rollout communications as well as ongoing communications; changes to payroll, recordkeeping; and coordination of rollovers, testing and catch up contributions.

The next step for employers who are considering offering Roth contributions is to:
? Determine the level of interest among employees, especially those not participating and employees that are key to the organization
? Determine when record keeper and payroll systems can be ready to accommodate Roth contributions
? Evaluate advantages of Roth contributions against plan objectives to determine if advantages outweigh the additional administrative burdens
? Arrange for excellent communication to assist employees in understanding the advantages and disadvantages of Roth accounts.

For more information, contact Sylvia Bell, JD, Senior Manager of Retirement Benefits for Alpern Rosenthal, at 412.281.2501, ext. 335 or at sbell@alpern.com.


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