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Chapter 8: Investment Issues; Plan Types

403

not guarantee any level of retirement benefits. If the plan’s investments do well, the profits will

increase the participant’s account value. If the plan’s investments do poorly, the participant will

receive less at retirement.

If the plan is self-directed, each participant makes the investment decisions for his own

account in the plan, from a menu of alternatives permitted by the plan. The menu may be broad or

may be limited to a few mutual funds. If the plan is not self-directed, the investments are

determined at the plan level by the trustee of the plan.

Designated Roth account (DRAC). See

¶ 5.7 .

8.3.06

ESOP (Employee Stock Ownership Plan)

An ESOP is a QRP primarily designed to invest in stock of the sponsoring employer. §

4975(e)(7). ESOPs have various liberalized rules compared with other retirement plans, most of

which are of interest only to the employer-sponsor and not to estate planners. Distributions of

company stock to the participant or beneficiary from an ESOP or any other retirement plan may

be eligible for certain favorable tax treatments if various requirements are met; see

¶ 2.5.

Dividends paid to the employee on employer stock held in the ESOP are entitled to certain

special rules: They do not count as distributions for purposes of determining whether an employee

has received a “lump sum distribution”; see

¶ 2.4.05 .

They are not subject to mandatory income

tax withholding; see

¶ 2.3.03 .

They do not count towards fulfilling the minimum distribution

requirement; see

¶ 1.2.02 (

C).

8.3.07

Individual Account Plan. Defined Contribution Plan.

¶ 8.3.05 .

8.3.08

Individual Retirement Account (IRA)

;

stretch IRA

An IRA is a private, one-person retirement account that is created under, and given special

tax benefits by,

§ 408 .

An IRA can be structured either as a custodial account (most common) or

as a trust (in which case it may be called an

Individual Retirement Trust

or

Trusteed IRA

; see

¶ 6.1.07

)

. § 408(a) , (h) .

If the IRA is funded by direct contributions from the participant’s employer

it is a SEP or SIMPLE; see

¶ 8.3.13 .

For other ways to fund an IRA see

¶ 5.3.02

(regular

contributions) and

¶ 2.6

(rollovers); see also

¶ 5.3.01 .

IRAs created under

§ 408

are called

traditional IRAs

when necessary to distinguish them from Roth IRAs (created under

§ 408A )

.

There is no separate type of retirement plan called a “

stretch IRA

”; that’s just a term sometimes

used to refer to any IRA that is being paid out gradually over the life expectancy of a beneficiary

(see

¶ 1.5.05

).

8.3.09

Keogh plan

A Keogh plan (also called an

H.R. 10 plan

) is a QRP that covers one or more self-

employed individuals. Thus, a Keogh plan is a QRP established by an unincorporated employer

(partnership or sole proprietor) for the benefit of the partners and employees of the partnership, or

for the benefit of the sole proprietor (and his employees, if any). Any type of QRP other than an

ESOP or stock bonus plan may be a Keogh plan.

While the term “Keogh plan” (which never appears in the Code) is still used by self-

employed persons to describe their retirement plans, most of the once-numerous distinctions

between plans adopted by corporations and plans adopted by the self-employed were eliminated