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Can I offer a 401(k) plan to my employees in Ohio? What are the requirements?
Requirements for Offering a 401(k) Plan in Ohio
Yes, you can offer a 401(k) plan to your employees in Ohio. However, there are certain requirements that you must meet to offer a qualified 401(k) plan.
To qualify, your plan must meet the following requirements:
- Employee participation standards must be met. In general, an employee must be allowed to participate in a qualified retirement plan if he or she meets both of the following requirements:
- Has reached age 21
- Has at least 1 year of service [1]([1])
- The plan must vest employer contributions at least as rapidly as a 6-year graded vesting schedule. Safe harbor and SIMPLE 401(k) plans must provide for 100% vesting in employer and employee contributions at all times. [1]([1])
- The plan must meet the top-heavy requirements if it is top-heavy. These qualification requirements for top-heavy plans are explained in section 416 of the Internal Revenue Code. The top-heavy plan requirements do not apply to SIMPLE 401(k) plans. Additionally, the top-heavy rules do not apply to a plan that consists solely of safe-harbor 401(k) contributions. [1]([1])
- Withdrawals are taxed as ordinary income. Please keep in mind that due to IRS regulations, you normally cannot withdraw your retirement savings from Ohio DC until you have terminated employment or qualify for an unforeseeable emergency. [3]([3])
If you have any further questions or concerns, it is recommended that you consult with a qualified financial advisor or tax professional.
Source(s):
- [1] 401(k) Plan Qualification Requirements | Internal Revenue Service
- [3] Employee Resources - City of Toledo
Jurisdiction
Ohio