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THOUGHT LEADERSHIP/ALERTS

IRS survey of 401(k) plans reveals trends in 401(k) plan design

June 11, 2012
Benefits Alert
Author(s): Thomas J. McCord
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A recently released IRS survey shows some trends in the design of 401(k) plans. Plan sponsors may find the results of interest as they consider any design changes to their own 401(k) plans.

The IRS sent a questionnaire to over 1,000 sponsors of 401(k) plans in 2010. The questionnaire elicited responses on a number of design elements, including those relating to eligibility, contributions, loan, and withdrawal features. Ninety-eight percent of the plan sponsors responded.

Some of the findings include the following:

Plan Design Feature

% of Plans with that
Design Feature

Plan is a safe harbor 401(k) (requires minimum guaranteed
employer contribution but avoids some nondiscrimination testing)

43%
Participants may change deferral elections at any time
   
41%
Participants may change deferral elections only once a year

2%
Catch-up contributions allowed by participants over age 50

96%
Designated Roth contributions allowed

22%
After-tax contributions other than designated Roth allowed

4%
Provide employer matching contributions

68%
Require one year of service to be eligible for matching contributions

58%
Provide nonelective employer (profit sharing) contributions

65%
No service requirement to make elective deferral contributions

13%
One-year service requirement to make elective deferral contributions

54%
Age 21 eligibility requirement

64%
Allow in-service withdrawals

62%
Permit hardship distributions

76%
Permit participant loans

65%

A copy of the survey questionnaire and an interim report can be found at http://www.irs.gov/retirement/
article/0,,id=253875,00.html
. A more detailed report on the findings is expected to be issued by the IRS in December 2012. 

The use of particular design features can vary greatly based on the industry, geography, and size of the employer. Nonetheless, the results of this IRS survey still can provide a useful benchmark to which employers can compare and consider the design of their 401(k) plans. 


The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.