Company change in 401k

4,378 Views | 35 Replies | Last: 3 yr ago by insulator_king
ag0207
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So the company I work for is floating a change to our investing options. Currently we have a standard 401k with company match.

Moving forward they want to do away with the match and are purposing a change that would allow us to invest as many pretax dollars as we want (not to the 401k but to secondary retirement fund). They are touting this as a great change for "high earners" which will allow employees to reduce their taxable income.

Currently I max my 401k to get the full company match, fund a simple IRA, have a back door Roth, HSA, and brokerage account that I put surplus cash in.

Would it be beneficial to use this option with the match disappearing or should I do something else with my money? Currently our 401k is with fidelity and this new option will stay with fidelity. The fidelity investment options have many of the same index funds that I currently use in my brokerage account.
Red Pear Realty
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**** corporate America.
Sponsor Message: We Split Commissions. Full Service Agents in Austin, Bryan-College Station, Dallas-Fort Worth, Houston and San Antonio. Red Pear Realty
Red Pear Realty
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I'd ask if they can sign y'all up for the Jelly of the Month Club while they are at it.
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nactownag
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I'm not aware of any option that allows you to contribute an unlimited amount of pretax money.
ag0207
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I agree, I'm not happy about it. The problem is we are well established in the community that we live in. If I change employers it would require me to uproot my family because of a non compete clause in my contract or buy my way out of it (expensive).

Any advice is appreciated on investment options. I do like the idea of lowering my taxable income but I am sure the fidelity fees for "managing" my investments is higher than my vanguard brokerage account.
ag0207
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It's called the "deferred compensation plan". I haven't received the details yet but the original email stated we can invest up to 80% of our income pretax. Supposedly taxes are only paid on withdrawal.
nactownag
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Yes but there are limits. Deferred compensation plans are generally 401k plans. It's another word for 401k. Typically at least.
ag0207
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nactownag said:

Yes but there are limits. Deferred compensation plans are generally 401k plans. It's another word for 401k. Typically at least.


This is in addition to our current 401k's which we can still fund but receive no match. I agree I didn't think this was an option. Our company is fairly large and spread across multiple states so I assume this is something that is vetted by them prior to emailing this out.
ag0207
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nactownag said:

Yes but there are limits. Deferred compensation plans are generally 401k plans. It's another word for 401k. Typically at least.


It is considered an "executive deferred compensation plan" which is how they get around the pretax contribution limits.
nactownag
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That makes more sense
FourAggies
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If it's deferred compensation make sure that your comany is financially solid, because IRCC the money is not yours like in your 401K. If they go bankrupt, you are an unsecured general creditor for that amount.

Also, when you leave the company, the deferred salary is paid out and immediately taxable. You cannot roll it into another financial vehicle, like an IRA, without paying taxes first.
QBCade
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ag0207 said:

So the company I work for is floating a change to our investing options. Currently we have a standard 401k with company match.

Moving forward they want to do away with the match and are purposing a change that would allow us to invest as many pretax dollars as we want (not to the 401k but to secondary retirement fund). They are touting this as a great change for "high earners" which will allow employees to reduce their taxable income.

Currently I max my 401k to get the full company match, fund a simple IRA, have a back door Roth, HSA, and brokerage account that I put surplus cash in.

Would it be beneficial to use this option with the match disappearing or should I do something else with my money? Currently our 401k is with fidelity and this new option will stay with fidelity. The fidelity investment options have many of the same index funds that I currently use in my brokerage account.


Frankly, this is BS. The deferred compensation is really for the top Execs that are pulling in millions. They're basically asking everyone to take a pay cut and finance them. If they have any scruples, they will continue the 401k match, open the option to do back door Roth, and pay for their own costs of the deferred comp plan.

Lastly, I don't think them introducing this deferred comp plan costs anywhere near what they pay in 401k match, so likely saves the company money.
Stive
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FourAggies said:

If it's deferred compensation make sure that your comany is financially solid, because IRCC the money is not yours like in your 401K. If they go bankrupt, you are an unsecured general creditor for that amount.

Also, when you leave the company, the deferred salary is paid out and immediately taxable. You cannot roll it into another financial vehicle, like an IRA, without paying taxes first.

That can depend on who is funding the deferred comp. If it's a bonus plan, then you're mostly right in that it could potentially blow up in the future (although unlikely). If it's income that is being deferred by the employees out of their piece of the pie it's typically "banked" in a separate financial tool and tracked as untouchable on the companies balance sheets. While it could be in danger if the company becomes insolvent, it's a pretty low likelihood that piece would be at risk.

I guess I don't fully understand some of the vitriol that's being thrown towards the company on this thread without knowing exactly why this decision was made and what's going on behind the scenes?

mosdefn14
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Lots of bad advice in this thread by people who have no clue what they're talking about. Many plans like this are far superior to the standard employee plan. Some have decently high fixed returns. Some allow unlimited in service rollovers (hello mega backdoor).

This is a very common arrangement especially in a company where salary isn't evenly distributed or lower comps don't use the plan very heavily. If I don't advise on something similar weekly, it's every other week.

Talk to your financial advisor. They should understand this type of plan front to back and left to right, and can advise you on the best place for your dollars.
permabull
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I think companies like these plans also because they don't actually have to fund them, just need to keep a ledger of what they owe you and hope they have the money when you come asking for it down the line.
YouBet
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We both had an executive deferred compensation plan. Pretty normal. However, they didn't remove the normal 401k match when offering it. That seems odd and kind of shady.
Ag92NGranbury
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Red Pear Realty said:

**** corporate America.

maybe before slamming corporate america you should look at how fast economic conditions are changing...

the invisible hand works... sometimes harder on some industries than others
Stive
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hypeiv said:

I think companies like these plans also because they don't actually have to fund them, just need to keep a ledger of what they owe you and hope they have the money when you come asking for it down the line.

That's not typically how they work at all.
evestor1
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My old company had a great SRAP


I could save up to 50% of pretax dollars on to 185k per year. They matched it 1%.


It was greatest perk I'd been offered.
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Ag92NGranbury said:

Red Pear Realty said:

**** corporate America.

maybe before slamming corporate america you should look at how fast economic conditions are changing...

the invisible hand works... sometimes harder on some industries than others


The only reason I posted what I did was to maybe give some Ags the courage to know they don't have to put up with stuff like this. I'm one of the biggest believers and champions of the invisible hand that you'll ever meet, but that street goes two ways. When employers pull jelly of the month club stuff like this, you should call them out and push back against it. Don't let them take your 401k's like they took your grandparents pensions. When the 401k falls, the last domino left is your home, and that's already under attack (from folks like me).

And on the economics lesson…I actually prefer my current gig a lot better than when I was a Director at GloboCorp. I get to invest in my own deals instead of making other people rich, and I get to help a lot of good Ags buy and sell around Texas. You might be surprised what a lowly realtor might learn in the course of business. When myself and others called this current economic clown show last year or maybe further back, on this forum and others, some folks mocked us for it. All good.
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Ag92NGranbury
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Red Pear Realty said:

Ag92NGranbury said:

Red Pear Realty said:

**** corporate America.

maybe before slamming corporate america you should look at how fast economic conditions are changing...

the invisible hand works... sometimes harder on some industries than others


The only reason I posted what I did was to maybe give some Ags the courage to know they don't have to put up with stuff like this. I'm one of the biggest believers and champions of the invisible hand that you'll ever meet, but that street goes two ways. When employers pull jelly of the month club stuff like this, you should call them out and push back against it. Don't let them take your 401k's like they took your grandparents pensions. When the 401k falls, the last domino left is your home, and that's already under attack (from folks like me).

And on the economics lesson…I actually prefer my current gig a lot better than when I was a Director at GloboCorp. I get to invest in my own deals instead of making other people rich, and I get to help a lot of good Ags buy and sell around Texas. You might be surprised what a lowly realtor might learn in the course of business. When myself and others called this current economic clown show last year or maybe further back, on this forum and others, some folks mocked us for it. All good.
i had to close down a pension once of a company that i came into...

i took some heat for it, but the reality is that the pension act of 2006 along with the great recession changed the game for pensions. it became a HUGE albatross for the company... one that could eventually sink the company even though it had been doing the right things all along (fully funding every year, etc)...

most legislators don't realize the unintended consequences of such acts like the one in 2006... it probably did more to close down private pensions than any other piece of legislation.

companies have to compete for employees... so the notion that companies are doing things just to screw the employees is naive. there is usually a bigger reason behind the scenes... and remember... Christmas Vacation is just a movie

my economic forecasts have been spot on as well... both on here and twitter
Husky Boy Jr.
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mosdefn14 said:

Lots of bad advice in this thread by people who have no clue what they're talking about. Many plans like this are far superior to the standard employee plan. Some have decently high fixed returns. Some allow unlimited in service rollovers (hello mega backdoor).

This is a very common arrangement especially in a company where salary isn't evenly distributed or lower comps don't use the plan very heavily. If I don't advise on something similar weekly, it's every other week.

Talk to your financial advisor. They should understand this type of plan front to back and left to right, and can advise you on the best place for your dollars.
We know the company is removing match from the plan and that is 99% due to liquidity concerns. Then they are proposing a plan that would put your funds at risk due to liquidity of the company? Add to that the fact that the company is pitching this as a net positive. I'd say the advice to run away is good.
Stive
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Companies add deferred comp plans or adjust 401ks for a number of reasons. One of the most prominent is lack of participation and/or testing issues. Those typically have zero to do with liquidity problems and mostly to do with there being lots of high earners in the company, and/or the plan being top heavy. The company can move to a deferred comp plan to avoid testing problems and still allow the high earners to get a lot of money into tax deferred space for the people that want to save for retirement.

Telling someone to run away from a company when you likely know less than 5% of the applicable info about a situation is an ultimate Texags Move.
fka ftc
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I had a deferred comp plan at the last corp america company I worked for.

This was a very large company that was owner by private equity at the time, recently gone through one bankruptcy and heavily leveraged heading to another bankruptcy. Which meant I read carefully the deferred compensation plan.

If I recall, the plan funds would be at risk in the event of bankruptcy. But they also matched $1:$1 up too 8% I believe which was paid 7 years in arrears (so 2010's deferment was matched in 2017).

I left the company within 2 years so I received my original deferment back but not match.

Point being is to read the plan carefully and understand the risks. Also try and really understand why the company is doing this and what benefit they are getting. Companies never make changes and add benes "just cause". Well, almost never.
Husky Boy Jr.
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Stive said:

Companies add deferred comp plans or adjust 401ks for a number of reasons. One of the most prominent is lack of participation and/or testing issues. Those typically have zero to do with liquidity problems and mostly to do with there being lots of high earners in the company, and/or the plan being top heavy. The company can move to a differed comp plan to avoid testing problems and still allow the high earners to get a lot of money into tax deferred space for the people that want to save for retirement.

Telling someone to run away from a company when you likely know less than 5% of the applicable info about a situation is an ultimate Texags Move.


They could also move to a safe harbor plan which would be better for any employee enjoying the match. No reason to cut match to zero other than save money.
Stive
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Just because they could have doesn't mean they should have. There's still not enough info to arm-chair quarterback this thing with any kind of accuracy.

Besides, even if they did it to save money on that one design who cares? They can spend their money how they want. If they thought shifting from a 401k to a potentially much larger deferred savings option for their employees, why is that necessarily a bad thing?

It's always fun when people sit in the cheap seats and critique companies for doing what they want with their money.
FrioAg 00
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FourAggies said:

If it's deferred compensation make sure that your comany is financially solid, because IRCC the money is not yours like in your 401K. If they go bankrupt, you are an unsecured general creditor for that amount.

Also, when you leave the company, the deferred salary is paid out and immediately taxable. You cannot roll it into another financial vehicle, like an IRA, without paying taxes first.


Most deferral plans for highly compensated execs give you a 1 time option upon leaving the company to choose what years in the future you want distribution. You cannot change this later.

I have accounts with a few former employers spread out over dates between my real retirement date and 66 when I can access my true retirement funds without penalty.


What someone said earlier is also true - you sit behind the bond holders in a bankruptcy, but fortunately all Mike are with Aa rated companies.
JobSecurity
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For the education of us non-highly-compensated-execs in the audience, is there a certain salary above which you start to see this more frequently? I hadn't heard of this but I'm not an exec either
FrioAg 00
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IRS hasn't given specific guidance, and I've seen some push the boundaries on the low end. Lowest I've see for eligibility is 200k. Highest minimum I've seen is 1mil salary.

If the IRS has challenged anyone, they've settled it and kept it quiet. (Which is common)



Most companies don't look at it too low, because those employees want all of their pay to live on. If you're making high 7 digits you probably aren't living on paychecks.
mosdefn14
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JobSecurity said:

For the education of us non-highly-compensated-execs in the audience, is there a certain salary above which you start to see this more frequently? I hadn't heard of this but I'm not an exec either


In the last week, I've looked at a value added forest products company who kicks this in around $125k, but it's more of a named role/level than a comp thing. And then an automotive market data provider kicks in around $150k.

I've seen others where it's tied to max SS taxable earnings.

It's not uncommon for law firms or medical offices to specify by role that doctors/attorneys are not eligible for the 401k match but can contribute up to the match %, and then have a deferred comp and a cash balance plan on top.

Point is, it's all over the place. If the owner isn't doing a unique plan design, he could be missing out for himself and his execs.
ag0207
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Thanks for the replies so far. Assuming that the money that is used in funding this investment is 100% mine (not at risk if company goes bankrupt) would this be the best use of my investment dollars? If not what would be a good alternative? If the money is at risk if the company goes into bankruptcy I do not plan to use this as an investment.

As I mentioned before I fully fund a simple IRA, Roth IRA, HSA, I Bond, and use left over cash in a brokerage account and have some real estate investments.

Since they will no longer match 401k investments I will probably still use my 401k to bring my taxable income down some.
FrioAg 00
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If it's a 457f (a common deferral plan) then as an asset it falls where all other employee compensation falls.

You'd be in front of most vendor type creditors, but in many cases you'd be behind the bond holders and other institutional creditors.

They should be able to answer this question directly for you, but that's what I've experienced.
FarmersFightAg
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This. It's more than likely a 401k compliance issue with highly compensated employees.
one MEEN Ag
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I'll admit, this is way out of my wheelhouse, and I'm the guy at work trying to convince his coworkers to increase their 401k contributions and sell their ESPP as soon as they hit.

If someone wanted me to not use a 401k in favor of a way less known but more lucrative opportunity my alarm bells would be going off.
Baby Billy
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Based on your description the deferred comp plan is non-qualified and not covered under ERISA. Meaning the plan can be discriminatory and the employer can choose who is eligible. There are some protections but far less than usual. You're placing a lot of trust in your employer by throwing a significant amount of money at this type of plan.
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