Ken Clark

401k’s are subject to anti-discrimination rules. I am not going to list them all out here (there are formulas), but that has a lot to do with the question you are asking. There are also rules about vesting, contribution limits, loans, etc.

The basic idea with the 401k is that higher paid executives and certain classes of employees cannot contribute a certain amount more than lower paid or different classes of employees.

There are tax benefits for both the company and executives for staying inside these rules.

Supplemental executive packages, deferred comp, etc., are basically bonuses that the company gives key executives / employees as a means of tying them to the company. It is often referred to as “golden handcuffs”.

The executive plans promise a greater future benefit for sticking around then they could get even if they just maxed out their 401k’s.

However, because they are geared at those key employees only, they lose many of the tax benefits.

Often times, life insurance contracts are used as the underlying vehicle in these executive perks.

A lot of executives take advantage of both the 401k and their executive package.

Hope that helps!

Ken Clark
Certified Financial Planner

Disclaimer:
Answers provided are for general educational purposes only, and may exclude other important factors relevant to your unique situation. No reader should act on the information contained in this article without consulting Ken Clark or another financial professional directly.

Question: Can I move my fixed annuity into an IRA?

Yes and no…

You can do a “1035″ exchange between annuities, fixed to variable (although technically questionable, it has never been challenged by the IRS), variable to fixed, and fixed to fixed.

The 1035 exchange refers to the IRS code that allows an annuity holder to move the profits from one annuity to another without being subject to taxes or the 10% early withdrawal penalty at that time. The profits will generally always be taxable (at ordinary income rates, not capital gains) in the future when withdrawn and spent.

Whenever you exit (or 1035) an annuity, you have to be aware of surrender charges. Annuities can have some of the highest, and longest lasting surrender charges in the financial industry. Thus even if you avoid paying taxes in the switch from one annuity to another, you still may pay a surrender charge ranging from 1% to 10%+.

Now, to the heart of your question, can you move an annuity into an IRA?

If the annuity you own is already titled as an IRA (annuities can be owned in IRA’s or outside them), then you can exit the contract within the IRA (minus surrender charges), and buy something else under the IRA “umbrella”.

If the annuity you own is not an IRA, then the only way to get the funds into the IRA (which is probably not advisable), is to take a distribution, and use the money leftover after taxes and penalties to fund an IRA.

In that case, I generally feel like you would be better to find a low-cost annuity, with good investment options, and move on with life.

I’d also seek out professional tax help if you do anything with your IRA, a mistake could cost you a lot of money!

Hope that helps!

Ken Clark
Certified Financial Planner

Disclaimer:
Answers provided are for general educational purposes only, and may exclude other important factors relevant to your unique situation. No reader should act on the information contained in this article without consulting Ken Clark or another financial professional directly.

My teacher’s pension: Do I get a lump sum or monthly payments when I retire?

It could be both, depending on what state you are in.

For many states, the teacher’s pension is an alternative to paying into the Social Security system. In other words, instead of paying into FICA like most of us do, a teacher in California pays into STRS. It is roughly the same amount.

When you retire, it pays you a monthly benefit, depending on how long you worked and how much you made. That is the classic definition of “pension”.

Your state or district also may offer an in-house, self-directed system or access to outside 403b programs, which works similar to a 401k, but probably does not have a match. If it does, this program will hand you a lump sum when you retire that you can roll over to an IRA.

Hope that helps!

Ken Clark
Certified Financial Planner

Disclaimer:
Answers provided are for general educational purposes only, and may exclude other important factors relevant to your unique situation. No reader should act on the information contained in this article without consulting Ken Clark or another financial professional directly.