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AUTOMATIC CONTRIBUTION ARRANGEMENT ANNUAL DISCLOSURE SAMPLE This specimen document has been provided to you to assist you in complying with the annual participant notice for an Automatic Contribution Arrangement (ACA) that intends to comply with the Qualified Default Investment Alternative regulations. This sample notice is not intended as tax or legal advice. Modifications may be required to meet your particular needs. Please consult with your plan’s tax advisor and legal counsel regarding the particular circumstance of your plan. [Timing of Notice: Generally, the annual notice requirement is satisfied if the annual notice is provided at least 30 days but not more than 90 days before each plan year.] Upon commencement of your employment with [insert name of company] and satisfaction of the eligibility requirements, you were automatically enrolled in the [insert name of 401(k) retirement plan] (the “Plan”). A notice describing this arrangement was provided to you at that time. Contributions to the Plan Employee Elective Deferrals - Each year an amount equal to [insert percentage] is being deducted from your paycheck on a before-tax basis and contributed to the Plan on your behalf [insert frequency, e.g., payroll period, monthly, bi-weekly, etc.] [If the Plan provides for matching contributions include this paragraph]: Employer Matching Contributions - The Plan also provides for matching contributions. The [insert name of company] matches [insert percentage] of your elective deferral contributions up to a total of [insert percentage] of your compensation [insert frequency e.g. payroll period, monthly, bi-weekly, etc.)] In order to meet your retirement planning goals, please review the amount of your elective deferral contributions. You may modify the percentage of amounts being deducted from your paycheck and contributed to the Plan (including reducing the amount to zero), by contacting [insert name of person or department responsible at the employer’s office for responding to participant inquiries along with the telephone number]. Investment of Contributions If you have not elected otherwise since the time of your enrollment in the Plan, contributions that were made for you continue to be invested in the [insert the name of the default fund] (the default fund). You may select investment funds other than the default fund and obtain information regarding the other investment funds available under the Plan online at ingretirementplans.com or by calling the ING Customer Contact Center at 800-584-6001. Please note that changes to the investment of ongoing contributions must be made separately from changes to existing assets in your account. [IN ADDITION TO THE IMPORTANT NOTICE ABOVE ON AN AUTOMATIC CONTRIBUTION ARRANGEMENT, THE SAMPLE NOTICE BELOW SHOULD BE SENT TO INFORM PARTICIPANTS OF YOUR DECISION REGARDING THE QUALIFIED DEFAULT INVESTMENT ALTERNATIVE.] QUALIFIED DEFAULT INVESTMENT ALTERNATIVE (QDIA) ANNUAL DISCLOSURE SAMPLE This specimen document has been provided to you to assist you in complying with the final Qualified Default Investment Alternative (QDIA) regulations. This notice is not intended as tax or legal advice. Modifications may be required to meet your particular needs. Please consult with your plan’s tax advisor and legal counsel regarding the implications of adopting this program and the contents of this notice. [Timing of Notice: The annual notice requirement is satisfied if the notice is provided to participants invested in a QDIA within a reasonable period of time of at least 30 days in advance of each plan year.] [Describe the circumstances under which the QDIA will be used (e.g. automatic enrollment, a rollover received with no investment direction, elimination of a fund from the plan, etc.). The QDIA may be used in any situations where the employee had the right to direct investment but failed to do so. Investment of Contributions The [insert name of company] sponsor of [insert name of 401(k) retirement plan] (the “Plan”) has chosen a default investment fund intended to satisfy Department of Labor regulations on Qualified Default Investment Alternative funds for participants who have not provided investment direction. If you have not elected otherwise since the time of your enrollment in the Plan, contributions that were made for you on or after [insert the date QDIA began, which may not be earlier than December 24, 2007], continue to be invested in the [insert the name of the default fund]. [Insert a description of the fund, the investment objectives, risk and return characteristics, fees and expenses associated with the fund.] You may select investment funds other than the default fund and obtain information regarding the other investment funds available under the Plan online at ingretirementplans.com or by calling the ING Customer Contact Center at 800-584-6001. Please note that changes to the investment of ongoing contributions must be made separately from changes to existing assets in your account. 2 [Include this paragraph if the default fund used for contributions made prior to and including December 23, 2007 was a stable value fund as defined under the Qualified Default Investment Alternative regulations.] Any contributions credited to your participant account prior to and including December 23, 2007, for which you made no investment selection, are invested in the [insert the name of the default fund] which for purposes of these contributions will be treated as a Qualified Default Investment Alternative (QDIA) based on Department of Labor regulations. [Insert a description of the fund and the investment objectives, risk and return characteristics, fees and expenses associated with the fund.] [Include this paragraph if the default fund used for contributions made prior to the date the plan began complying with QDIA was not a stable value fund and all contributions defaulted prior to the QDIA compliance start date will remain in that fund.] Contributions credited to your participant account prior to [insert QDIA start date], for which you made no investment selection, were invested in the [insert prior default fund name] and those contributions will remain in the [insert fund name] until you direct those amounts to be invested in a different fund option offered under the plan. Please see Transfers out of the Default Fund below for further information on transferring your funds. [Include this paragraph if the contributions defaulted prior to the date QDIA compliance began were transferred to the QDIA default fund.] Contributions credited to your participant account prior to [insert QDIA start date], for which you made no investment selection, were invested in the [insert prior default fund name]. Those contributions were transferred to [insert QDIA fund name] as described under Investment of Contributions above, as of [insert date] unless you previously directed those amounts to remain in the [insert prior default fund name] or be transferred to a different fund option offered under the plan. If you wish to transfer your prior defaulted contributions to another fund offered under the plan please see Transfers out of the Default Fund below for further information on transferring your funds. Transfers out of the Default Fund You have the right to transfer your assets out of the default fund to any other fund offered under the Plan [insert frequency - must be at least as frequently as provided under the Plan, but no less than once in any three-month period]. [Insert description of any restrictions fees or expenses associated with the transfer. Note that certain types of fees may not be assessed during the first 90 days of a QDIA investment. See Qualified Plan News (QPN) 2007-16 available on the ING Sponsor Website under Information Center>Regulatory Update>Corporate Market>Qualified Plan News.] You may initiate a transfer or request a list of the investment funds available and additional information regarding those funds online at ingretirementplans.com or by calling the ING Customer Contact Center at 800-584-6001. 3