The
Internal Revenue Code allows establishment of 401(k) plans. “401(k)” refers to the section of the Internal Revenue Code that allows an employee to make the tax-deferred contribution. The
Department of Labor’s Employee Retirement Income Security Act of 1974 (ERISA) is the federal law that sets minimum standards for operating most voluntarily established tax qualified retirement plans to provide protection for individuals who participate in the plans. ERISA law is continually changing to address issues related to protect employees. As it would be difficult for a lay-person to not only monitor ERISA but to also amend their plan to comply with the law, employers (plan sponsors) should seek out the assistance of third party administrators (TPAs), such as Baden Retirement Plan Services, to help ensure that their plan is operating properly and in a manner that provides the best available tax benefits for all participants.