
At the last few conventions Guidant has attended, I kept hearing the same question over and over again from our partners and prospects about one of our competitors: “Did you know they allow you to put up to $250,000 into their retirement plan?” It is not uncommon in this industry that smaller companies look for a way to differentiate themselves from the larger players and I’m proud to say we are the leader in innovative
small business financing! So , when I started hearing that one of our competitors was advertising large contribution limits for their retirement plans, I thought I should take some time to give a simple analysis of the situation for both partners and prospective clients to review and understand.
The basic strategy this company is using is not unlike our 401(k) small business financing product whereas an individual can redirect a portion of their retirement funds into a small business venture. To properly execute this strategy one must utilize a corporation and a profit-sharing plan -- such as a 401(k) -- that specifically allows for such a transaction to take place. There are many benefits to financing a business venture in this way, one of which is the fact that the business owner can make ongoing contributions to their company’s profit sharing plan, which, in Guidant’s case, is a 401(k). A 401(k) allows an individual to contribute up to $46,000 annually (including company matching) to the plan.
This company, however, is touting that its clients can contribute up to $250,000 annually into their plans. How do they do it? Frankly, I am not sure.
What we do know is that they are layering a defined benefit (DB) plan on top of the existing defined contribution (DC) plan (i.e., 401(k)). Even so, this figure does not crunch. Somebody is exaggerating, somewhere. In essence, it’s marketing fluff. It is significant to note that at the time this posting goes live, the deferral figure promoted on this company’s website is $200,000, not $250,000 (as they promoted at the last convention). The defined benefit plan’s contribution limit is $185,000. The DC limit for contributions (employer + employee combined) is $46,000. If the employee is aged 50 or over, then an additional $5,000 catch-up is allowed. So if I do that math -- $185,000 + $46,000 + $5,000 (age 50 or over) = $236,000 max. The $236,000 is $14,000 short of the $250,000 figure.
It is possible that they are adding $14,000 of 401(k) employee elective deferrals to the $46,000 maximum additions figure mentioned above. If so, that’s a mistake. The $46,000 maximum figure includes the employee deferrals already. The $14,000 figure was the 2005 limit for employee elective deferrals anyway; the current figure for 2008 is $15,500.
No matter how you calculate it, and which year’s figures you use, it does not add up to $250,000.
I met a prospect at the International Franchise Expo who asked me about this and I chuckled. I told him that in theory (maybe not as much as the marketing fluff would lead you to believe) it’s possible. I asked him if he expected the business opportunity he was looking at to make him enough to defer $250,000 a year, still pay his bills, and not bleed the company of money. He laughed too. Five minutes later he mentioned he’d call our representative (whom he already was working with) to move forward with Guidant’s services. He said the $250,000 figure sounded fishy. Most small businesses will not generate anywhere near as much cash as would be necessary to defer this kind of money. Perhaps as the business grows or multiple locations are opened it is possible, but it’s only going to apply to the top 5% ... if that. If that is the case – why would a company promote something that really wasn’t useful to a majority of their clients? Read on …
Administrative and Operational Costs of DB Plan. Here are a couple of fun facts about defined benefit plans:
- DB plans require complicated actuarial valuations and funding calculations that DC plans do not need;
- DB plans are subject to Pension Benefit Guarantee Corporation (PBGC) premiums, as well as burdensome notice and spousal consent requirements on benefit distributions. The cost of PBGC premiums is something that a DC plan does not have to pay;
- A DB plan requires mandatory employer contributions to make the required funding level. If those mandatory payments are not made, then the employer gets hit with interest + penalty payments under IRC § 4971.
In follow-up to the issue of this company’s “$250,000” deferral plan, I took a moment to do a quick web search for typical actuarial fees for a small defined benefit plan. I came across this website:
http://www.pensionsite.org/DefBenefitPlans.html. If you click on that link, scroll down to the bottom. It shows that this firm’s basic annual pension administration fee for a DB plan is
$2,250 + $50 per participant.
As you know, our pension recordkeeping fee for our 401(k) clients is $800 + $45 per employee. I assume that the majority of the difference between our recordkeeping fees vs. the DB fees listed above is attributable to the actuarial fees. Hence, using the rough estimate of the annual actuarial fees for a small DB plan, it will cost the client $1,450 more per year ($2,250 - $800) when they use a smaller competitor. Mostly – it’s more confusing, more expensive and more work. I hope our competitor is disclosing the additional actuarial fees to their prospects if they go this route because there is about a 1% chance this will benefit the client.
It is for this sole purpose that Guidant will only provide this option to clients who truly could benefit from such a product.