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Plan sponsor ? The organization that initially set up the retirement plan. This is typically the employer. Plan administrator ? The individuals responsible for running the plan. These are typically employees of the organization ? often the human resources manager or chief financial officer, or both.
An IRA Adoption Agreement and Plan Document is a contract between the owner of an IRA and the financial institution where the account is held. The IRA adoption agreement and plan document must be signed by the account owner before the individual retirement account (IRA) can be valid.
Trust Agreement The trustee essentially has legal title to the plan assets. The plan's assets are protected from the creditors of the Plan Sponsor. As such, if the employer was to become financially insolvent, the assets would be available to the plan participants and their beneficiaries.
The 401(k) adoption agreement is the document that defines the specific features of your 401(k) plan. The Adoption Agreement is created by the Third Party Administrator, or TPA, using their Basic Plan Document.
You cannot put a 401(k) in a living trust or other tax-deferred plans, for that matter. Why? If you change the ownership structure of your 401(k), the IRS will regard it as an early withdrawal. Unfortunately, that money will be fully taxable in the year that that transfer takes place.
If you are under age 59½, your earnings may be subject to the 10% early withdrawal penalty. If you are over age 59½, you may withdraw before-tax funds (excluding your TVA matching funds) from the 401(k) Plan. You will not pay an early withdrawal penalty; however, your distribution will be taxed as ordinary income.
The basic plan document contains all the non-elective provisions and can't include any options or blanks for the employer to complete. The adoption agreement contains the options (and blanks) for the employer to complete and is also where the employer signs the plan.
The Basic Plan Document outlines all possible plan provisions and options imaginable. Most retirement plans utilize the Base Plan Document in conjunction with an Adoption Agreement (AA).