Retirement Plan Solutions for High Net Worth Business Owners FIRST LAST NAME PRESENTERS TITLE MONTH/DATE/YEAR Shares of Oppenheimer funds are not deposits or obligations of any bank, are not guaranteed by any bank, are not insured by the FDIC or any other agency and involve investment risks, including the possible loss of the principal amount invested. Oppenheimer funds are distributed by OppenheimerFunds Distributor, Inc. 225 Liberty Street, New York, NY 10281-1008 © 2015 OppenheimerFunds Distributor, Inc. All rights reserved. Retirement Solutions State of the Market: Trends to Capitalize on Cross-Tested Plans: New Comparability Defined Benefit Plans: Super Comp 2 Traditional Cash Balance Common Reasons Small Businesses Hesitate to Establish a Plan Reluctance to make required employer contributions Employee turnover: Lack of vesting schedules cause too much money to go to short-term employees Costs too much to set up and administer Too many government regulations/too much paperwork Benefits to owner are too small 3 How to Address these Concerns Think beyond the 401(k) Find the right plan design to meet your company’s specific needs The right plan design can benefit you, your business and your employees 4 Providing Solutions 5 Reluctance to make required contributions Flexible contributions Employee turnover Exclude employees where possible Costs too much to set up and administer Low cost relative to contributions, plus incentives for small businesses Too many government regulations Government regulations work for—not against— the business owner Benefits to owner are too small Maximize contributions for owner(s) Retirement Solutions New Comparability Profit Sharing Super Comp Defined Benefit Plans: Traditional Cash Balance 6 NEW COMPARABILITY PLANS 7 New Comparability Takes cross-testing a step further Uses specific employee classifications—rather than strictly age—to design contribution levels for participants Participants are divided into two or more classes Classes may be based on any reasonable criteria: ownership, job tenure, age 8 Compelling Story Larger contributions are made for one class than for another Usually substantial contributions are made for the favored group, with lower contributions for the other employees 9 All Eligible Employees How They Work 10 Divide into Classes Class #1: Larger Contributions Class #2: Smaller Contributions Analysis and proof that projected benefits at retirement age are “comparable” Two Key Factors 1.Equivalent Benefit Accrual Rates (EBARs) 2.Comparability of benefits Use cross-testing to Compare apples and oranges Turn apples (contribution allocations) into oranges (EBARs) Make sure both classes of employees get a comparable number of oranges Complex! 11 Converting Allocation Apples into EBAR Oranges Each participant’s allocation is accumulated with interest to retirement age The accumulated amount is then divided by an annuity rate to produce an equivalent monthly retirement benefit That amount is then annualized and divided by the participant’s annual compensation to arrive at the participant’s annual Equivalent Benefit Accrual Rate (EBAR) 12 How About Them Apples? Amount of contribution allocation is now all about EBARs Instead, EBAR oranges are compared to determine if plan is discriminatory 13 IRS Regulations for New Comparability Plans Age-weighted and service-based cross-tested plans OK Minimum gateways for non-highly compensated employees (NHCEs) and/or relative contribution rates for highly compensated employees (HCEs) and NHCEs The lowest NHCE contribution rate must be at least: 1/3 of the highest HCE contribution rate, or 5% of compensation Complex alternative allocation methods 14 Considerations? Higher administration costs, but... Balance higher cost with value of larger contributions Tax deductible employer contributions Tax credits may be available to offset start-up costs 15 May Work Best for: Owners and principals who: Are older than other employees (Wide age spreads are ideal) Want the contribution flexibility of profit-sharing plan Want the biggest possible share of the plan contributions allocated to their own accounts 16 MAKING IT WORK: A CASE STUDY 17 Thriving Professional Practice Age Salary Doctor 1 54 $265,000 Doctor 2 45 $265,000 Nurse 1 41 $50,000 Nurse 2 30 $35,500 Assistant 1 47 $29,000 Assistant 2 27 $23,000 Assistant 3 24 $23,000 Receptionist 25 $22,000 Owners: Staff: The individuals portrayed in these examples are fictional. This material does not constitute a recommendation as to the suitability of any investment for any person or persons having circumstances similar to those portrayed and a tax or financial advisor should be consulted. 18 Owners’ Goals Maximize retirement benefits for the two owners Minimize required contributions for staff Maintain contribution flexibility 19 Traditional Profit-Sharing Solution Age Salary 20% Profit Sharing Doctor 1 54 $265,000 $53,000 Doctor 2 45 $265,000 $53,000 $530,000 $106,000 Total Nurse 1 41 $50,000 $10,000 Nurse 2 30 $35,500 $7,100 Assistant 1 47 $29,000 $5,800 Assistant 2 27 $23,000 $4,600 Assistant 3 24 $23,000 $4,600 Receptionist 25 $22,000 $4,400 Total $182,500 $36,500 Grand Total $712,500 $142,500 74% of total 20% of income 26% of total 20% of income The individuals portrayed in these examples are fictional. This material does not constitute a recommendation as to the suitability of any investment for any person or persons having circumstances similar to those portrayed and a tax or financial advisor should be consulted. Hypothetical reflects 2015 limitations. Contribution calculations provided by Verisight,Inc. Verisight,Inc. is not affiliated with Oppenheimer Funds Distributor Inc. 20 What About Social Security Integration? Contribution Age Salary 20% Profit Sharing Doctor 1 54 $265,000 $53,000 $53,000 Doctor 2 45 $265,000 $53,000 $53,000 $530,000 $106,000 $106,000 Total Integrated Nurse 1 41 $50,000 $10,000 $8,424 Nurse 2 30 $35,500 $7,100 $5,981 Assistant 1 47 $29,000 $5,800 $4,886 Assistant 2 27 $23,000 $4,600 $3,875 Assistant 3 24 $23,000 $4,600 $3,875 Receptionist 25 $22,000 $4,400 $3,707 Total $182,500 $36,500 $30,748 Grand Total $712,500 $142,500 $136,748 The individuals portrayed in these examples are fictional. This material does not constitute a recommendation as to the suitability of any investment for any person or persons having circumstances similar to those portrayed and a tax or financial advisor should be consulted. Hypothetical reflects 2015 limitations. Contribution calculations provided by Verisight,Inc. Verisight,Inc. is not affiliated with Oppenheimer Funds Distributor Inc. 21 $106,000 77% of total 20% of income $30,748 23% of total 17% of income Age-Weighted Solution Contribution Age Salary 20% Profit Sharing Doctor 1 54 $265,000 $53,000 $53,000 $53,000 Doctor 2 45 $265,000 $53,000 $53,000 $24,445 $530,000 $106,000 $106,000 $77,445 Total Integrated Age Weighted Nurse 1 41 $50,000 $10,000 $8,424 $3,576 Nurse 2 30 $35,500 $7,100 $5,981 $1,035 Assistant 1 47 $29,000 $5,800 $4,886 $3,383 Assistant 2 27 $23,000 $4,600 $3,875 $525 Assistant 3 24 $23,000 $4,600 $3,875 $411 Receptionist 25 $22,000 $4,400 $3,707 $426 Total $182,500 $36,500 $30,748 $9,356 Grand Total $712,500 $142,500 $136,748 $86,801 The individuals portrayed in these examples are fictional. This material does not constitute a recommendation as to the suitability of any investment for any person or persons having circumstances similar to those portrayed and a tax or financial advisor should be consulted. Hypothetical reflects 2015 limitations. Contribution calculations provided by Verisight,Inc. Verisight,Inc. is not affiliated with Oppenheimer Funds Distributor Inc. 22 $77,445 89% of total $9,356 11% of total New Comparability Contribution Age Salary 20% Profit Sharing Doctor 1 54 $265,000 $53,000 $53,000 $53,000 $53,000 Doctor 2 45 $265,000 $53,000 $53,000 $24,445 $53,000 $530,000 $106,000 $106,000 $77,445 $106,000 Total Integrated Age Weighted New Comp Nurse 1 41 $50,000 $10,000 $8,424 $3,576 $2,500 Nurse 2 30 $35,500 $7,100 $5,981 $1,035 $1,775 Assistant 1 47 $29,000 $5,800 $4,886 $3,383 $1,450 Assistant 2 27 $23,000 $4,600 $3,875 $525 $1,150 Assistant 3 24 $23,000 $4,600 $3,875 $411 $1,150 Receptionist 25 $22,000 $4,400 $3,707 $426 $1,100 Total $182,500 $36,500 $30,748 $9,356 $9,125 Grand Total $712,500 $142,500 $136,748 $86,801 $115,125 The individuals portrayed in these examples are fictional. This material does not constitute a recommendation as to the suitability of any investment for any person or persons having circumstances similar to those portrayed and a tax or financial advisor should be consulted. Hypothetical reflects 2015 limitations. Contribution calculations provided by Verisight,Inc. Verisight,Inc. is not affiliated with Oppenheimer Funds Distributor Inc. 23 $106,000 92% of total 20% of income $9,125 8% of total 5% of income Goals Accomplished? Maximize retirement benefits for the two doctors Owners get maximum permissible contribution Owners get 92% of total plan contributions Minimize contributions required for staff Staff receives 8% of total plan contributions Maintain contribution flexibility Annual funding not required 24 SUPER COMP PLANS: SAFE HARBOR COMBINED WITH NEW COMPARABILITY 25 Traditional Safe Harbor 401(k) Introduced in 1999 Solution for 401(k) plans with testing problems: Low employee participation Owners and Highly Compensated Employees can’t contribute meaningful amounts Top heavy contributions required (Taxable) return of deferrals 26 Safe Harbor Requirements Contribution Requirements Matching contribution or Non-elective contribution 100% immediate vesting Notice to Eligible Employees Amend Plan 27 Contribution Requirements Matching Contribution Dollar-for-dollar up to 3% of employee compensation, plus 50 cents on the dollar for contributions between 3% and 5% of employee compensation Example: $25,000 compensation, 5% deferral Matching contribution = $750 + $250 = $1,000 Enhanced safe-harbor matching formulas also permitted Matching contributions may be discontinued mid-year 28 Contribution Requirements Nonelective Contribution 3% of compensation for each eligible employee, even if they do not participate in salary deferrals 29 Amendment and Notice to Employees Notice: Advises that plan will be amended for Safe Harbor Describes allocation method Existing 401(k) plans Amend and provide 30-day advance notice before the first day of the plan year 30 Amendment and Notice to Employees Existing Profit Sharing Plans May provide notice and amend into Safe Harbor as late as three months before end of plan year (October 1 for calendar year plans) New 401(k) Plans Minimum three months remaining in the short plan year For Newly Established Business As soon as administratively feasible with as little as one month left in the short plan year Employer can discontinue or reduce the Safe Harbor matching contributions upon plan amendment and 30 days advance written notice. 31 Plan Design Problems Addressed No nondiscrimination testing required Automatically satisfies ADP and ACP tests Allows HCEs to contribute maximum, regardless of participation by NHCEs Prevents taxable return of contributions to HCEs No top-heavy requirement for Safe Harbor plans that make only Safe Harbor contributions and no further employer contributions 32 Safe Harbor Plus New Comp Combines best features of 401(k) and Profit Sharing for owners, principals and HCEs. No 401(k) nondiscrimination testing No top-heavy problems Maximum salary deferrals for Highly Compensated Employees Maximum profit-sharing allocations for Highly Compensated Employees Minimum contributions for other employees 33 Super Comp in Action Maximum Deferral Contribution Age Salary Salary Deferral Percent Doctor 1 54 $265,000 8.8% $24,000 $35,000 $59,000 Doctor 2 45 $265,000 6.7% $18,000 $35,000 $53,000 $42,000 $70,000 $112,000 Total $530,000 Salary Deferral Amount 3% Safe Harbor w/ New Comp Total Nurse 1 41 $50,000 0% $0 $2,170 $2,170 Nurse 2 30 $35,500 0% $0 $1,541 $1,541 Assistant 1 47 $29,000 0% $0 $1,259 $1,259 Assistant 2 27 $23,000 0% $0 $998 $998 Assistant 3 24 $23,000 0% $0 $998 $998 Receptionist 25 $22,000 0% $0 $955 $955 $42,000 $7,921 $7,921 $42,000 $77,921 $119,921 Total $182,500 Grand Total $712,500 15.8% The individuals portrayed in these examples are fictional. This material does not constitute a recommendation as to the suitability of any investment for any person or persons having circumstances similar to those portrayed and a tax or financial advisor should be consulted. Hypothetical reflects 2015 limitations. Contribution calculations provided by Verisight,Inc. Verisight,Inc. is not affiliated with OppenheimerFunds Distributor Inc. 34 90% of total 13% of income Works Best for: 35 Plans that have consistently failed discrimination testing Plans making contributions of 5% of compensation or more Employers seeking to max out contributions for owners and HCEs Employers who want the biggest possible share of the plan contributions allocated to the accounts of the owners/principals DEFINED BENEFIT PLANS: TRADITIONAL AND CASH BALANCE 36 Back in the Spotlight for Small Businesses Popularity declined in 1980s due to unfavorable tax law changes Pendulum swings the other way January 1, 2000: Repeal of IRC §415(e) Renewed popularity and new opportunity 2001: EGTRRA: Increased benefits Relief from funding limits 2006: PPA Revised DB/DC combined deduction limit under Code Section 404(a)(7)(A) Cash balance given green light 37 Getting Results for a Small Medical Practice Traditional Defined Benefit Age Annual Pay Monthly Pension at Ret. Age Avg. Ann Cost % of Total Cost Benefit Formula: Doctor 1 54 $265,000 $14,133 $194,863 67.5% 80% of comp Doctor 2 45 $265,000 $17,500 $69,437 24.1% Max. Comp: $265K Total $264,300 91.6% Nurse 1 41 $50,000 $3,333 $8,716 3.0% Assumptions: Nurse 2 30 $35,500 $2,367 $2,340 .8% NRA: 62 Assistant 1 47 $29,000 $1,933 $10,183 3.5% 430 segment rates for deduction purposes Assistant 2 27 $23,000 $1,533 $1,192 0.4% Assistant 3 24 $23,000 $1,533 $945 0.3% Receptionist 25 $22,000 $1,467 $976 0.3% Mortality: RP 2014 Optional Combined Rate $530,000 Total $182,500 $24,352 8.4% Grand Total $712,500 $288,652 100.00% The individuals portrayed in these examples are fictional. This material does not constitute a recommendation as to the suitability of any investment for any person or persons having circumstances similar to those portrayed and a tax or financial advisor should be consulted. Not intended to depict investment in any Oppenheimer fund. Expected results for 2015. Costs vary with investment performance, compensation and IRS limits. Contribution calculations provided by Verisight,Inc. Verisight,Inc. is not affiliated with OppenheimerFunds Distributor Inc. 38 PPA Introduced New Defined Benefit Opportunities 1. Section 404(a)(7)(A) of the Internal Revenue Code expanded for sponsors of both a DB and DC plan 2. Cash balance plans given the green light 39 PPA Gave Cash Balance Plans the Green Light What are Cash Balance Plans? Defined benefit plans that look like defined contribution plans Participants are divided into groups by classification, similar to new comparability profit sharing plans Benefits = Contribution and interest “credits” Contribution credits are: 100% employer funded Calculated actuarially and are mandatory NOT limited to 25% of eligible payroll, or the defined contribution limit of $53,000 (2015) Plan assets are pooled and Trustee directed Employer bears the burden of market fluctuations Earnings in excess of the minimum used to reduce future contribution credits 40 Getting Results for a Small Medical Practice Cash Balance Methodology Ret Age Annual Pay Cash Balance Contribution Credits Doctor 1 62 $265,000 $100,700 44.4% Cash Benefit Allocation Formula: Doctor 2 62 $265,000 $100,700 44.4% $201,400 88.8% 38% compensation for doctor group, 14% for employees Nurse 1 62 $50,000 $7,000 3.0% Nurse 2 62 $35,500 $4,970 2.2% Assistant 1 62 $29,000 $4,060 1.8% Assistant 2 62 $23,000 $3,220 1.4% Assistant 3 62 $23,000 $3,220 1.4% Receptionist 62 $22,000 $3,080 1.4% $25,550 11.2% $226,950 100.00% Max. Comp: $265k Assumptions: NRA: 62 Total Contribution: The individuals portrayed in these examples are fictional. This material does not constitute a recommendation as to the suitability of any investment for any person or persons having circumstances similar to those portrayed and a tax or financial advisor should be consulted. Not intended to depict investment in any Oppenheimer fund. Expected results for 2015. Costs vary with investment performance, compensation and IRS limits. Contribution calculations provided by Verisight,Inc. Verisight,Inc. is not affiliated with OppenheimerFunds Distributor Inc. 41 % of Total Cost Cash Balance Plans When is a Cash Balance Plan appropriate? Suitable for business owners able to commit to significant annual contributions Plan sponsors of a new comparability profit sharing plan who wish to allocate even higher contributions on their own behalf 42 Potentially Best Suited for: Small, high revenue companies and professional groups Older business owners who want to build retirement assets in a relatively short time frame Desire to defer more than $53,000 defined contribution limit (2015) 43 Summary Next Steps: Talk to your financial advisor to determine what plan design best fits your needs Visit oppenheimerfunds.com for more information on our solutions 44 Q&A 45 Disclosures Shares of Oppenheimer funds are not deposits or obligations of any bank, are not guaranteed by any bank, are not insured by the FDIC or any other agency, and involve investment risks, including the possible loss of the principal amount invested. This material is provided for general and educational purposes only, and is not intended to provide legal, tax or investment advice, or for use to avoid penalties that may be imposed under U.S. federal tax laws. Contact your attorney or other advisor regarding your specific legal, investment or tax situation. Before investing in any of the Oppenheimer funds, investors should carefully consider a fund’s investment objectives, risks, charges and expenses. Fund prospectuses and summary prospectuses contain this and other information about the funds, and may be obtained by asking your financial advisor, visiting oppenheimerfunds.com or calling 1.800.CALL OPP (225.5677). Read prospectuses and summary prospectuses carefully before investing. Oppenheimer funds are distributed by OppenheimerFunds Distributor, Inc. 225 Liberty Street, New York, NY 10281-1008 © 2015 OppenheimerFunds Distributor, Inc. All rights reserved. RE2000.339.0615 June 16, 2015 46