Since a profit-sharing plan is a “qualified retirement plan,” it must also comply with all applicable rules under ERISA.
An Employee Stock Ownership Plan (ESOP) is a tax qualified defined contribution retirement plan regulated under ERISA and the Internal Revenue Code.
Traditional profit sharing plans are subject to annual testing to ensure that the contributions made for rank-and-file employees are proportional to contributions made for owners and managers.
Generally, there are three types of profit-sharing plans: pro-rata, new comparability, and age-weighted.
To determine each employee's allocation of the employer's contribution, you divide the employee's compensation (employee "comp") by the total comp. You then multiply each employee's fraction by the amount of the employer contribution. Using this method will get you each employee's share of the employer contribution.
Accounts Covered by ERISA Common types of employer-sponsored retirement accounts that fall under ERISA include 401(k) plans, pensions, deferred-compensation plans, and profit-sharing plans. In addition, ERISA laws don't apply to simplified employee pension (SEP) IRAs or other IRAs.
The main components of ERISA law revolve around employer-sponsored retirement plans and employee benefit plans. These comprehensive plans encompass various elements, including health insurance plans, retirement accounts, and other forms of employee benefits.
sharing plan accepts discretionary employer contributions. There is no set amount that the law requires you to contribute. If you can afford to make some amount of contributions to the plan for a particular year, you can do so. Other years, you do not need to make contributions.
Generally, profit sharing percentages range from 5% to 15% of an employee's annual salary or of the company's pre-tax profits divided among all eligible employees.