- What type of company do you work for and approximately how many employees are there? (You don’t have to actually name the co.)
Law firm
- How much, if any, of your 401(k) contribution does your employer match?
Zero, nothing, zilch (sore subject)
- How long does it take for you to be 100% vested in your company’s 401(k) matching contributions?
N/A (see 2. above)
- Does your company also have a profit-sharing plan? If yes, does the company put money into the PS plan and into the 401(k), or just one or the other?
Nope
- If you do have a PS plan, how much (percentage-wise) does the company put into the PS plan?
N/A
Since this is my first post on any of the SDMB boards after much lurking, I feel obligated to bring a small gift, say flowers, in order to show my generous nature and gratitude for such interesting conversations. So here it goes…
Depending upon the size and composition of your current employer, you may experience a number hurdles when instituting a change in your employee benefits.
First, look at your current plan document(s). Who has the authority to amend/terminate the plan? Probably a committee or the employer itself. If the employer is sufficiently sophisticated, the Board of Directors will have a compensation committee made up of outside directors (the reason for this is not relevant under this situation, has to do with setting performance goals for the big cheeses so that they can get even more cheddar). These outside directors can be somewhat skittish about instituting plan changes without some kind of study or report because: (1) the outside directors are executives used to getting reports and (2) this is probably not their area of expertise. Enter the SDMB survey, definitely scientific. All kidding aside, a survey book might cost $100s from the Mercer, Hewitt, Watson Wyatts of the world or you could taunt your current accountant/actuary with a request for common 401(k) practices (with an implication that more “consulting” business could be theirs if they provide such information). Management seems to like to know what its competitors are doing regarding benefit features, so surveys will list information by company size, industry, etc. and how many offer a match, size, vesting, etc. Side note: All reports must be formatted and printed in landscape fashion. Don’t ask why, just accept this.
Second, the Internal Revenue Code requires certain plans, such as 401(k) retirement plans, to pass discrimination tests based upon participant demographics. Two main tests exist (actually three, but lets focus on the 401(k)/401(m) tests) that compare the amounts deferred by highly compensated employees to the amounts deferred by non-highly compensated employees. Likewise, a similar test is conducted regarding contributions (including employer matching). Why does this matter? Well, if a plan fails testing, the plan must take certain steps to rectify this, generally refunding highly compensated employee amounts until testing is passed or increasing contributions on behalf of non-highly compensated employees to bring the ratios into line. Management does not like either result, trust me. Also, when a plan fails testing, this usually generates more work for the accountant/actuary and therefore, more fees or expenses, depending on which side you are on. The independant accountant will run these tests, but instituting a robust match that causes a plan to fail its testing can become an annual landmine.
Third, many other features exist in addition to those you have asked about. Be creative, ask questions of your service providers and don’t settle for some crap answer like, “The [Internal Revenue] Code requires [blank].” That is the most common bluff, I encourage everyone to call that kind of bluff.
If you couldn’t tell, I practice law in this area. ERISA rocks.