Do Surviving Spouses Have a Right to a 401(k) or an IRA?
When choosing a beneficiary for a retirement plan, it is important to understand how your spouse will be treated under the pl...
Read moreThe terms 401(k) and individual retirement account (IRA) are bandied about quite a bit when discussing retirement planning, but what are the actual differences between the two? The main distinction is that a 401(k) -- named for the section of the tax code that discusses it -- is an employer-based plan, while an IRA is an individual plan, but there are other differences as well.
Both 401(k)s and IRAs are retirement savings plans that allow you put away money for retirement. You may begin taking distributions from these plans at age 59 ½. There are two main types of IRAs: Roth and traditional. With a traditional IRA, you don't pay taxes when you make contributions (and in fact may benefit from a tax deduction) because the taxes are paid only when you withdraw the money, whereas with a Roth IRA, you pay the taxes up front and any gains accumulate tax-free. In addition, with a traditional IRA and 401(k), you are required to start taking minimum distributions at age 70 ½, but with a Roth IRA there is no requirement to take minimum distributions.
Local Elder Law Attorneys in Ashburn, VA
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
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Participation
In order to have a 401(k), you must work for an employer that offers this type of plan as part of its benefit package. Because it is a benefit, your employer may limit which employees may join the plan. Contributions are usually made through deductions from your paycheck.
Any individual who is younger than 70 ½ and earning an income can set up an IRA through a bank or other financial institution. You as an individual are responsible for establishing the plan and contributing to it.
Contributions
Employees can contribute up to $17,500 (in 2014) to a 401(k). Participants who are 50 or older can make an additional $5,500 contribution to a 401(k). In addition, employers may match all or part of the contributions of their employees.
Most individuals can contribute a maximum of $5,500 (in 2014) to an IRA or $6,500 if you are 50 or older. Some of the contributions may be tax-deductible, depending on your income and marital status.
Investments
401(k)s offer a limited number of investments that are usually mutual funds. With an IRA, you may have a broader range of investment opportunities, including stocks, bonds, and real estate.
Loans
Employees usually can take a loan or hardship withdrawal from a 401(k), while loans are generally not permitted with IRAs. You may be able to take out money from an IRA on a limited basis if you return it to the IRA or another IRA within 60 days. (For an article on IRA rollover rules, click here.)
Beneficiaries
Under federal law, your spouse is automatically your beneficiary when you sign up for a 401(k) even if you listed someone else. If you wish to name someone other than your spouse as beneficiary, your spouse needs to consent in writing. If you are single, you will need to name a beneficiary.
With an IRA, you can designate whomever you want to be your beneficiary without needing spousal consent.
For more information on retirement planning, click here.
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