The Rules of a 401(k) Retirement Plan (2024)

Since its inception in 1978, the 401(k) plan has become the most popular type of employer-sponsored retirement plan in America. Millions of workers depend on the money they invest in these plans to provide for them in their retirement years and, for many, it's a key benefit of the job.

Few other plans can match the relative flexibility of the 401(k). Sure, there are rules to follow, but that's because you're getting tax breaks from the federal government in return for investing for retirement.

Key Takeaways

  • A 401(k) is a qualified retirement plan, which means it is eligible for special tax benefits.
  • You can invest a portion of your salary up to an annual limit.
  • Your employer may or may not match part of your contribution.
  • The money will be invested for your retirement, usually in your choice of several mutual funds.
  • With a few exceptions, you can't withdraw money without paying a tax penalty until you're 59½.

What Is a 401(k) Plan?

A 401(k) plan is a retirement savings account that allows an employee to divert a portion of each paycheck salary into long-term investments. The employer may match part of the employee's contribution as a job benefit.

A 401(k) is technically a qualified retirement plan, meaning it is eligible for special tax treatment under Internal Revenue Service (IRS) guidelines.

Defined Contribution Vs. Defined Benefit

Qualified retirement plans come in two versions. They may be either defined contribution plans or defined benefit plans, such as a pension.

The 401(k) plan is a defined contribution plan. That means the employee manages the fund and chooses the investments. When the employee retires, the account balance is theirs to use as they see fit.

(A defined benefit plan, such as a pension, is managed by the employer and guarantees a lifetime payment based on the person's salary history.)

In a traditional 401(k) plan, the money that the employee pays into the 401(k) is tax-deferred. No income taxes will be due until the money is withdrawn. The earnings are not taxed until they're used either.

The Roth 401(k) Variation

Not all employers offer it, but the Roth 401(k) is an increasingly popular variation of the traditional 401(k) plan.

If you have a Roth plan, you'll pay income taxes on the money you pay into your fund. When you withdraw it after you retire, no further taxes will be due on the principal or the earnings.

Employer contributions can only go into a traditional 401(k) account—not a Roth.

401(k) Contribution Limits

The maximum amount of salary that an employee can defer to a 401(k) plan, whether traditional or Roth, is $23,000 for 2024. Employees aged 50 and older can make additional catch-up contributions of up to $7,500.

The IRS also limits the maximum joint contribution by both employer and employee. In 2024, the maximum joint contribution by both parties is $66,000, or $73,500 for those over 50.

Contributions to a traditional 401(k) are made with pre-tax dollars and reduce the employee's taxable income as well as adjusted gross income (AGI). Taxes are deferred until the funds are withdrawn.

The maximum joint contribution between employee and employer cannot exceed the employee's total annual compensation.

Limits for High Earners

For most people, the contribution limits on 401(k)s are high enough to allow for adequate levels of income deferral. But there is a cap.

In 2024, highly paid employees can only use the first $345,000 of income when computing their maximum potential contributions.

401(k) Investment Options

A company that offers a 401(k) plan typically offers employees a choice of several investment options. The options are usually managed by a financial services advisory group such as The Vanguard Group or Fidelity Investments.

The employee can choose one or several funds to invest in. Most of the options are mutual funds, and they may include index funds, large-cap and small-cap funds, foreign funds, real estate funds, and bond funds.

They usually range from aggressive growth funds to conservative income funds. You can adjust your investing strategy from time to time, moving your money to more aggressive or more conservative choices.

Rules for Withdrawing Money

The distribution rules for 401(k) plans differ from those that apply to individual retirement accounts(IRAs), which are not company-sponsored but are available from banks and investment companies.

In either case, an early withdrawal of assets will mean income taxes are due. With few exceptions, a 10% additional tax penalty will be levied on those younger than 59½.

Triggering Events

But while an IRA withdrawal doesn't require a rationale, a triggering event must be satisfied to receive a payout from a 401(k) plan. The following are the usual triggering events:

  • The employee retires or leaves the job.
  • The employee dies or is disabled.
  • The employee reaches age 59½.
  • The employee experiences a specific hardship as defined under the plan.
  • The plan is terminated.

Money withdrawn from a 401(k) is usually taxed as ordinary income.

Depending on your company's rules, you may also be able to take a loan from your 401(k), paying yourself back over time.

Post-Retirement Rules

Account owners who turned 73 on or after Jan. 1, 2023, must begin taking required minimum distributions (RMDs) at age 73 unless they still work for the sponsoring employer and have a plan that allows them to defer RMDs.

The age for RMDs has been raised a couple of times in the past, and may well be raised again.

The rules for RMDs differ among retirement accounts. Even if you're still employed, you have to take the RMD from a traditional, SEP, or SIMPLE IRA, for example.

The Rollover Option

Retirees may choose to transfer the balance of their 401(k) plans to a traditional IRA or a Roth IRA. This rollover gets them access to a broader array of investment choices than employers usually offer for 401(k) accounts.

If you decide to do a rollover, make sure you do it right. In a direct rollover, the money goes straight from the old account to the new account and there are no tax implications. In an indirect rollover, the money is sent to you first, and you will owe the full income taxes on the balance in that tax year.

If your 401(k) plan has employer stock in it, you are eligible to take advantage of the net unrealized appreciation (NUA) rule and receive capital gains treatment on the earnings.That will lower your tax bill significantly.

To avoid penalties and taxes, a rollover must take place within 60 days of withdrawing funds from the original account. Your wisest choice is to get your money sent directly from your former account administrator to the new account administrator.

401(k) Plan Loans

If your employer permits it, you may be able to take a loan from your 401(k) plan. If this option is allowed, up to 50% of the vested balance can be borrowed up to a limit of $50,000. The borrower must repay the loan within five years. A longer repayment period is allowed for a primary home purchase.

In most cases, the interest paid will be less than the interest on abankor consumer loan—and you will be paying it to yourself. But be aware that any unpaid balance will be considered a distribution and taxed and penalized accordingly.

In addition, should you leave your employer, you will be required to pay any pending 401(k) loan balance in full or face IRS tax or penalties.

Hardship Distributions

Emergencies happen. And you may find that the only place you can turn to meet your immediate financial needs is your retirement plan. While it may not necessarily be the best route, you have the option to take a hardship distribution or withdrawal.

Several considerations come into play with this kind of withdrawal:

  • There must be a clear and present need to take a hardship distribution. It can also be a voluntary or foreseeable need as long as it is reasonable.
  • The amount of the withdrawal must not exceed the need.
  • You can't take any elective distributions for six months after the hardship withdrawal.

This type of withdrawal is taxable. Full details on hardship distributions are available through the IRS website.

401(k) Strategies

No single retirement strategy is best for everyone. Still, there are tips that benefit most investors, especially those looking to make the most of their retirement savings.

Maximize Employer Match

One of the golden rules of retirement savings is to contribute at least enough money to take full advantage of your employer match.

For example, if your employer matches dollar for dollar your first 4% of 401(k) contributions, you should strive to put at least 4% into your 401(k).

This strategy maximizes the free money you receive from your employer.

Be Mindful of Contribution Limits

The IRS does not permit contributions that exceed its annual 401(k) limits. Should you overcontribute, you are required to then withdraw those excess contributions, triggering taxes and penalties.

In 2024, the 401(k) contribution limit for both traditional and Roth 401(k)s is $23,000. There is an additional catch-up contribution of $7,500 for individuals 50 years or older.

Compare Roth and Traditional 401(k) Benefits

In general, it is better to contribute to a Roth account if your tax bracket is currently low and you expect to be higher in the future. It is usually better to contribute to a traditional account when your tax bracket is currently high.

This is a personal financial decision. A Roth account is a little more pain upfront for a lot of gain down the road. That is, you get no immediate tax break and no reduction in your annual taxable income. But when you withdraw the money after retiring, you'll owe no taxes on that income.

Avoid Early Withdrawals

Should you withdraw retirement plan funds early, in most cases, you will be subject to federal income tax on the withdrawal plus pay a 10% penalty.

The withdrawal also will damage the compounding effect your investments experience over time. Leaving your 401(k) plan as-is for longer maximizes your potential for long-term portfolio growth.

How Do I Start a 401(k)?

If you work for an employer who has a 401(k) plan, you should get information on the plan and how to sign up for it as soon as you start the job. Your pay stub will reflect your contribution as soon as you're enrolled.

A 401(k) plan can only offered through an employer. If you're self-employed or a freelancer, consider opening an IRA for your retirement savings. Many are available through banks and investment companies, so you can pick and choose the type of IRA you want.

What Benefits Does a Traditional 401(k) Plan Offer?

Making your contributions through payroll deductions is a no-fuss, no-muss process.

You're deferring income taxes on that money and lowering your taxable income, year after year. Meanwhile, the money should be piling up nicely until you retire.

If your employer provides a contribution match, it sweetens the pot.

The earlier you start investing, the more your savings compound. Even if you change employers, you can take your account with you.

What's the Difference Between a Traditional 401(k) and a Roth 401(k)?

While traditional 401(k) plans allow you to make pre-tax contributions, the Roth version requires after-tax contributions.

The Roth tax benefit occurs when you make withdrawals from your account. That money is tax-free.

Withdrawals from traditional accounts will be taxed at your income tax rate.

The Bottom Line

Saving for retirement should be on your radar if you hope to maintain the same lifestyle you currently have. But with so many options, where do you start? The best place is the 401(k) plan, which is offered by employers.

If your company has this plan, take advantage of it. This is even more important if your employer matches contributions.

But it isn't just about socking away money. Knowing the ins and outs and the rules associated with the plan can make you a better investor.

The Rules of a 401(k) Retirement Plan (2024)

FAQs

What are the rules of a 401k? ›

The employer must make at least either:
  • A matching contribution of 100 percent for salary deferrals up to 1 percent of compensation and a 50 percent match for all salary deferrals above 1 percent but no more than 6 percent of compensation; or.
  • A nonelective contribution of 3 percent of compensation to all participants.
Jul 30, 2024

What are the new 401k withdrawal rules for 2024? ›

New rules make it easier to tap your retirement account for emergency funds. In 2024, you can cash out as much as $1,000 from a traditional 401(k) or IRA to cover an urgent need. And here's a big change: You get to define what counts as an emergency. More Americans are raiding retirement accounts for emergency cash.

What is the function of a 401 K plan group of answer choices? ›

A 401(k) is a feature of a qualified profit-sharing plan that allows employees to contribute a portion of their wages to individual accounts. Elective salary deferrals are excluded from the employee's taxable income (except for designated Roth deferrals). Employers can contribute to employees' accounts.

What are the rules for withdrawing from a 401k? ›

401(k) withdrawals

Pros: You're not required to pay back withdrawals of the 401(k) assets. Cons: Hardship withdrawals from 401(k) accounts are generally taxed as ordinary income. Also, a 10% early withdrawal penalty applies on withdrawals before age 59½, unless you meet one of the IRS exceptions.

What is the golden rule for 401k? ›

Maximize Employer Match

One of the golden rules of retirement savings is to contribute at least enough money to take full advantage of your employer match. For example, if your employer matches dollar for dollar your first 4% of 401(k) contributions, you should strive to put at least 4% into your 401(k).

What are the new 401k guidelines? ›

Highlights of changes for 2024. The contribution limit for employees who participate in 401(k), 403(b), and most 457 plans, as well as the federal government's Thrift Savings Plan is increased to $23,000, up from $22,500. The limit on annual contributions to an IRA increased to $7,000, up from $6,500.

What qualifies as a hardship for a 401k withdrawal? ›

More In Retirement Plans

For example, some 401(k) plans may allow a hardship distribution to pay for your, your spouse's, your dependents' or your primary plan beneficiary's: medical expenses, funeral expenses, or. tuition and related educational expenses.

What is the new law affecting retirement accounts? ›

The SECURE 2.0 Act of 2022 (SECURE 2.0) became law on December 29, 2022. The new law makes sweeping changes to 401(k) plans – particularly plans sponsored by small businesses. It includes provisions intended to expand coverage, increase retirement savings, and simplify and clarify retirement plan rules.

What are the new rules for withdrawals from retirement accounts? ›

However, as of 2024, a new provision allows individuals to make penalty-free annual withdrawals to cover personal emergency expenses. Specifically, you can withdraw up to $1,000 from your qualified plan (e.g., 401(k), 403(b), 457(b)) or IRA (including SEP, Simple IRA) once each calendar year without penalty.

What is the maximum you can put in a 401k? ›

Deferral limits for 401(k) plans

The limit on employee elective deferrals (for traditional and safe harbor plans) is: $23,000 ($22,500 in 2023, $20,500 in 2022, $19,500 in 2021 and 2020; and $19,000 in 2019), subject to cost-of-living adjustments.

How much will my 401k be taxed when I retire? ›

But, no, you don't pay income tax twice on 401(k) withdrawals. With the 20% withholding on your distribution, you're essentially paying part of your taxes upfront. Depending on your tax situation, the amount withheld might not be enough to cover your full tax liability.

What happens to my 401k when I quit? ›

Generally, you have 4 options for what to do with your savings: keep it with your previous employer, roll it into an IRA, roll it into a new employer's plan, or cash it out. How much money you have vested in your retirement account may impact what decision you make.

Can you withdraw money at any time from your 401k? ›

Yes, it's possible to make an early withdrawal from your 401(k) plan, but the money may be subject to taxes and a penalty. However, the IRS does allow for penalty-free withdrawals in some situations, such as if the withdrawal purpose qualifies as a hardship or certain exceptions are met.

How long can a company hold your 401k after you leave? ›

How long can a company hold your 401(k) after you leave a job? If you have more than $7,000 in your 401(k), you can leave the plan at your former employer indefinitely. Employers are not allowed to force you out at that level.

Do I have to pay taxes on my 401k after age 65? ›

Do You Have to Pay Taxes After Age 65 (or 59 ½)? Your age can affect how much you pay in taxes. Again, the early withdrawal penalty usually applies to those under the age of 59 ½. After that age, you still have to pay federal income tax on withdrawals in most cases, but the penalty goes away.

Can I empty my 401k at any time? ›

What is a 401(k) early withdrawal? Generally, anyone can make an early withdrawal from 401(k) plans at any time and for any reason. However, these distributions typically count as taxable income. If you're under the age of 59½, you typically have to pay a 10% penalty on the amount withdrawn.

How do I avoid 20% tax on my 401k withdrawal? ›

Deferring Social Security payments, rolling over old 401(k)s, setting up IRAs to avoid the mandatory 20% federal income tax, and keeping your capital gains taxes low are among the best strategies for reducing taxes on your 401(k) withdrawal.

What is the 50 30 20 rule after 401k? ›

The 50-30-20 rule involves splitting your after-tax income into three categories of spending: 50% goes to needs, 30% goes to wants, and 20% goes to savings. U.S. Sen. Elizabeth Warren popularized the 50-20-30 budget rule in her book, "All Your Worth: The Ultimate Lifetime Money Plan."

How can I break my 401k without penalty? ›

Common penalty-free exceptions
  1. You are terminally ill.
  2. You become or are disabled.
  3. You gave birth to a child or adopted a child during the year (up to $5,000 per account).
  4. You rolled the account over to another retirement plan (within 60 days).
  5. Payments were made to your beneficiary or estate after you died.
Aug 26, 2024

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