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(October 2001)
Tax Legislation: New Pension Laws
Synopsis
Congress recently approved expanded benefits for retirement savings as part of President Bush’s massive tax cut bill.
The most significant Expanded Benefits are as follows:

Employer-Sponsored Plan Limits Raised: The maximum employee contribution to 401(k) tax-deferred retirement savings plans offered by employers will increase from $10,500 this year to $11,000 in 2002. There will be an additional $1,000 increase each year thereafter, up to $15,000 in 2006. After that, the contribution cap will be adjusted annually for inflation. The same contribution rules apply to simplified employee pensions (SEP), 403(b) annuities offered by nonprofit employers, and government-sponsored 457 plans. The new legislation also raises the maximum amount a person may put into an individual retirement account from the current $2,000 to $5,000 by 2008.

Employer Contributions Vest More Quickly: The new law will also speed up vesting of matching contributions to employer-sponsored plans. Employer-matching contributions will now have to vest 100% after three years of service, or 20% per year of service beginning after the second year and reaching 100% after six years. The new requirement applies to contributions for plan years beginning after Dec. 31, 2001. Matching contributions previously had to vest either 100% after five years of service, or 20% per year of service beginning after the third year and reaching 100% after seven years.

Catch-Up Contributions: Under the new law, employees age 50 and older can make larger contributions to employer-sponsored tax-deferred retirement savings plans such as 401(k)s and IRAs. They can put an extra $1,000 into their employer-sponsored savings plans in 2002, $2,000 in 2003, $3,000 in 2004, $4,000 in 2005, $5,000 in 2006 and subsequent years.

Small-Employer Incentives: The new law includes provisions to encourage small employers to sponsor retirement plans. It provides an annual $500 tax credit to offset plan start-up costs for small employers during the first three years of plan operation. The existing tax deduction for plan administrative costs often has limited value to small employers with slim profit margins, but the new $500 tax credit gets subtracted right off the employer’s tax bill. Costs that exceed the credit may then be deducted. The credit is effective for costs incurred after 2001 for plans established after that year.

Education Assistance Programs: Besides the pension provisions, the new law also includes a tax exclusion that permits employers to provide up to $5,250 per year in tax-free education assistance to an employee. After Dec. 31, 2001, it applies to both graduate and undergraduate classes.

This material is a general overview of the subject matter, and is not meant to provide professional opinions regarding any specific case, matter, or set of facts, or to substitute for the professional advice of Waag and Co. Instead, please contact Susan S. Waag, Esq. for additional information. Use of this information is allowed, provided that credit is given to: Susan S. Waag, attorney; Waag and Co.; September 2001 Employer Bulletin; INFO@WaagandCo.com; (805) 783-2300

You can download the current and past Bulletins in PDF (Portable Document File) format where proceeded by below. All other Bulletins are in standard HTML format. If you do not have Adobe Acrobat Reader, which is required to open, view, and print the bulletins, you can download the application FREE from the link below.
December 2004: Government Rescinds Emergency Meal Regulation Changes
December 2004: Major Changes in Meal / Rest Break Regulations
August 2004: California’s Infamous “Bounty Hunter” Law Reformed
June 2002: Workers' Comp. Relief for Employers
April 2002: Supreme Court Favors Employers in FMLA Ruling
April 2002: Salary Basis Issue Finally Resolved
November 2001: New California Legislation (update)
November 2001: (2 Court Cases) What is Harassment?
October 2001: New Drug & Alcohol Testing Rules
October 2001: Tax Legislation: New Pension Laws
October 2001: Employers Must Explain Family Leave
March 2001: Rest and Meal Periods II
March 2001: Salary Basis Test Changes to Monthly
January 2001: AB 2509 (Wage & Hour Law)
December 2000: Rest and Meal Periods
Dec. 2000: New Calif. IWC Wage Order 16
Dec. 2000: New OSHA Ergonomics Standards
Nov. 2000: New Workplace Investigations Course
November 2000: Calif. Minimum Wage Increase
March 2000: AB60 Update
August 1999: Sick Pay Law
August 1999: Cal Poly Class and GMS
August 1999: Age Discrimination Law
November 1998: Susan Waag CCPA
November 1998: FEHA Liability Reduction
November 1998: Disability Discrimination
November 1998: COBRA
November 1998: CHP Drug Testing
July 1998: Sexual Harassment


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