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ERISA Lawyer

ERISA Lawyer

When there is a problem with your retirement plan, consider speaking with an ERISA Lawyer at Ascent Law. We have helped people resolve problems with their ESOP plan and other retirement plans.

ERISA Law for 401(k) Plan

A Plan 401 (k) in the United State-Utah is defined as a qualified plan which encompasses a feature that allows an employee to have the employee’s wages portion before the taxes are taken out under this plan.

In other words, 401 (k) plan is designed to allow the employees to elect the deferrals.
This plan covers many things including profit-sharing, pre-ERISA, money purchase pension and the other is a rural cooperative plan.

The deferrals or the employee’s wages under this plan are not subject for any federal income tax deduction at the time of deferral. On the other hands, the employee’s income is not reported as a taxable income on the tax return.

Tax advantages:

There are many advantages that are associated with this plan, but few of them are as follows:

  • On the employee’s federal income tax return, the employer contributions are provable that’s means the contributions don’t exceed the described limitations in the 404 section of internal revenue.


  • The investment attainments and the elective deferrals are not taxed right now and can enjoy the tax deferral until distribution.

Types of 401(k) plan:

There are many different kinds of 401(K) plans that are right now available for employers.

The plans are:

  • Traditional 401(K) plans
  • Safe harbour 401(K) plans
  • The SIMPLE 401(K) Plans

For all the plans, it is important to follow the rules for getting a tax-favored status. It is necessary to implement the plan according to the rules that are applicable.

For this, the employer need to familiar with the special rules that are applied to operate the plan in accordance with those rules. However, it is necessary to meet the requirements language of the tax law for taking advantage of tax benefits.

What are the limits apply to contributions:

The two limits that apply to contributions are as follows:

  • A limit that is applied on employee elective deferrals.


  • The limit that is being implemented to the participant’s plan account (which include the overall employer’s contributions, the employee elective deferrals, and any forfeiture allocations).

In general, when you find the aggregate of all the elective deferrals that you made to all plans, then if the limit exceeds more than the annual limit for the participant’s elective deferral, you have to correct that mistake in the plan.

Where there are benefits, there are challenges too. So it is essential to choose the best attorney to handle all the problems from complex to the simple for this plan.

No doubt that there is a place and time of the legal counsel on an employee benefit plan. Many situations come in the ERISA/Employee benefit plan when the use of an attorney is helpful.

The best advice is to involve the legal advisor or lawyer to do all the things related to the plan of 401 (K).

Moreover. Hiring the services of the law firm should be a decision made with special care. Skill and circumspection because the risks of fiduciary liability and the benefits that you and your company take from this plan make that decision an important one.

Free Initial Consultation with ERISA Lawyer

We’ve helped others with their retirement plans, we can help you too. Call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506