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Pension Plan Limits
2009

The Pension Plan Limits for Plan Years Beginning in 2009 are:

401(k) PLANS

The limitation on elective deferrals under section 402(g)(1) is $16,500. This is a calendar year limit, not a plan year limit. In addition, participants who are age 50 or older in 2009 may contribute an extra $5,500.


DEFINED CONTRIBUTION PLAN LIMITATION

The limitation for defined contribution plans (Profit Sharing / 401(k), Money Purchase) under section 415(c)(1)(A) increases to $49,000. This code section limits the allocation of contribution (salary deferral, match, employer contribution) to a participant to the lesser of 100% of compensation or $49,000.


HIGHLY COMPENSATED EMPLOYEE

Compensation for purposes of defining highly compensated employees under section 414(q)(1)(B) increases to $110,000. A highly compensated employee is as follows:

1) More than 5% owner (and family members under stock attribution rules)
2) Employee earning over $110,000 in the prior plan year*

This means if you earn over $110,000 during the Plan Year beginning in 2009* then you will be considered a highly compensated employee for the plan year beginning in 2010.

*and, if elected, are in the top 20% of employees, ranked by compensation


COMPENSATION LIMIT

The annual compensation limit under sections 401(a)(17) and 401(l) increases to $245,000. This is the maximum compensation amount which can be used for contribution allocations and discrimination testing.


MAXIMUM CONTRIBUTIONS

Employer profit sharing, employer match, safe harbor and employer qualified non-elective contributions cannot exceed 25% of eligible compensation. Salary deferrals (401(k) contributions) are no longer included in this calculation.


BONDING REQUIREMENT

Qualified plans must be bonded for at least ten percent (10%) of the assets in the retirement trust; it may not be for less than $1,000 and need not be for more than $500,000. Additional bonding is required for "non-qualifying" assets.


DEFINED BENEFIT DOLLAR LIMIT

The dollar limitation on the annual benefit for defined benefit plans under Internal Revenue Code Section 415(b)(1)(A) increases to $195,000.
 

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