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Physicians face a staggering array of options regarding their retirement plans. The
new tax law significantly increases the ability of many retirement plan participants to
accumulate wealth and reduce taxes. This article provides guidelines for physicians to
optimize the benefits of their retirement plans.
Table of Contents
Always Make Contributions into a Matching
Contributory Plan
If your medical center offers a retirement plan where your contributions are partially
or fully matched, then you should contribute the maximum amount. Neither your nor your
employers contribution will be currently taxed for federal income tax purposes.
State and local taxation of retirement contributions vary. All taxes on the dividends,
interest, capital gains, and appreciation of the invested funds will be deferred until you
begin making withdrawals from the retirement plan.
Normally, participants will be provided a choice of investment vehicles. TIAA and CREF
are the most popular for employees of nonprofit organizations, but other funds, including
a family of Vanguard funds, are frequently offered. While choosing the type of investment
is certainly important, it is not as important as the choice of whether or not to make
tax-deferred contributions.
TIAA/CREF participants are given a choice of investment funds, including two with track
records of more than 40 years. One dollar invested in TIAA at the beginning of 1953 would
have grown to $15.03 by October 1997, thereby providing a 6.2 percent annual rate of
return. One dollar similarly invested in CREFs stock fund would have grown to
$130.97an 11.4 percent annual return.
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Should You Make Non-Matching
Contributions?
Many medical institutions allow you to make non-matching, tax-deductible contributions
called Supplemental Retirement Annuities (SRA) to TIAA, CREF, or other investment
vehicles. The SRA is conceptually similar to non-matched, fully deductible contributions
made to IRAs, 401(k)s, SEPs, Keoghs, SIMPLE plans, 403(b)s, 401(a)s, and defined
contribution plans. For simplicity, this article refers to all of these plans as
SRAs.
After you have contributed the maximum amount that is subject to full or partial matching
by your employer, I highly recommend making the maximum allowable additional
tax-deductible, non-matching contribution that you can afford. Please keep in mind,
however, that age 59½ is usually the earliest that you will have access to your SRA funds
unless you retire or terminate services.
Investing in SRAs is better for long-term wealth accumulation than investing in the
after-tax environment. For example, if you are in the 28 percent tax bracket, then you
must earn $1.39 before taxes to accumulate $1.00 after taxes. After that dollar is
invested, you then must pay income taxes on the interest, dividends, and capital gains
which are earned on that dollar. To accumulate $1.00 in the before-tax or SRA environment,
however, you only have to earn $1.00. In addition, the earnings and accumulations in your
account will not be taxed until they are withdrawn. A graphic comparison of the
accumulations in a taxable versus a tax-deferred environment follows. (See Exhibit One.)

EXHIBIT ONE
Many clients ask if it would be better for them to make SRA contributions or to pay off
their mortgage at a faster rate. Under most circumstances, I think that making
contributions to the SRA will be the preferred answer, if the
goal is to attain the greatest accumulation of dollars in the future. There are two
reasons for my recommendation. First, you have the opportunity to defer income taxes on
the retirement plan contributions and on your earnings and accumulations. Second, the
mortgage interest expense can be deducted on your tax return.
In my opinion, the financial goal for a majority of physicians in their working years
should be to accumulate as much wealth as possible in the tax-deferred environment. One
situation where it may be wise to make earlier than required distributions from a
retirement plan, however, is when there will be significant estate taxes, and the
retirement plan holds the only funds available to pay the estate taxes after the
participants death. It may be wise to make earlier than required distributions, pay
the income tax, and then give the after-tax proceeds to your beneficiaries. This strategy
will, in limited circumstances, be beneficial by not only reducing the amount of the
estate, but also by providing the beneficiaries with funds to pay the estate taxes.
Another exception to the goal of accumulating money in the tax-deferred environment is to
utilize funds for either a Roth IRA and/or a Roth IRA conversion which is discussed later
in this article. Finally, methods of leveraging gifts with second-to-die life insurance
policies, grantor retained annuity trusts, family limited partnerships, charitable
remainder trusts, and other techniques may be appropriate for wealthy physicians.
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Retirement OptionsShould You
Annuitize?
Annuitizing your retirement plan accumulations means surrendering all or a portion of
your accumulated retirement account in exchange for receiving regular payments for life.
Married participants who annuitize often choose to receive payments for the remainder of
their and their spouses lives. One problem with annuitizing is that your money is
paid on a regular scheduleand this may not be in tune with your needs. If you do not
need the money, then annuitizing needlessly accelerates the payment of income taxes on
your retirement accumulations. Furthermore, if you need more than the annuity amount, then
you are just plain out of luck. Finally, annuitizing TIAA/CREF funds will reduce the
amount of funds available for a Roth IRA conversion.
Another problem with annuitizing is the methods ineffectiveness in terms of
providing for your heirs. By annuitizing, the accumulation in your retirement plan will
vanish upon your death unless you choose the surviving spouse or guaranteed period
options. Choosing these options, however, will reduce the amount of money that you will
receive in annuity payments.
In essence, annuitizing is a gamble. Since the annuity is based on ones life
expectancy, you are gambling that you will outlive your actuarial life expectancy. Thus,
if you have reason to believe that you may not survive your actuarial life expectancy,
then annuitizing would probably be a mistake. If you and/or your spouse, however, think
that you are going to substantially outlive your actuarial life expectancy, then
annuitizing will provide an assured income stream for a long life. For individuals who are
unsure of their life expectancy, I often recommend that they consider annuitizing only a
portion of their retirement accumulation. Annuitizing a
portion, but not all of your retirement accumulation, is a method of diversifying your
retirement assets. Consider annuitizing sufficient funds that--in combination with social
security and other income--will assure you and your spouse of at least enough funds to pay
for essential living costs.
In most cases, however, annuitizing all or most of your retirement plan is not
recommended. Our analysis indicates that retirement plan participants and their
beneficiaries will receive significantly more money if the participant chooses not to
annuitize. In addition, not annuitizing will allow significant income-tax deferral for the
beneficiaries after the death of the participant. To learn more about the potential
benefits of leaving retirement accounts to beneficiaries, please see my article
"Spreading the Wealth," published in the September 1995 issue of Financial
Planning.
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CREF Accumulations
In addition to annuitizing, CREF participants have several options regarding their
retirement accumulations. First, you can withdraw all of your accumulations, which will
trigger income taxes on the entire balance. This option would not be wise, but it is an
option. Second, you can make a tax-free rollover to an IRA. If you meet other
requirements, you could also convert your CREF into a Roth IRA, which will be offered by
TIAA/CREF in early 1998. Third, you can have CREF systematically withdraw a specified
amount from your account on a monthly, quarterly, semi-annual, or annual basis. The amount
of your withdrawal can be changed at any time, and there is no limit to the number of
withdrawals that you can request.
Fourth, if you are satisfied with CREF as an investment vehicle and do not want to make
any withdrawals until they are required, then you should consider the Minimum Distribution
Option (MDO) (provided that your employers retirement plan offers it). The MDO
assures that CREF will make only the minimum distributions required by federal tax law.
Subject to the potential restrictions which your institution has in its contract with
CREF, you can retain the right to exceed the minimum required distribution and make
additional withdrawals whenever, and for whatever amounts, you desire. If you have not
depleted your CREF account by the time of your death, then the money will go to your named
beneficiary.
If you retire before reaching age 70½, then you may find that your social security and
other non-CREF income will produce enough funds for your living expenses. If this is the
situation, then consider leaving your money in CREF and allow it to accumulate
tax-deferred. In general, it would be preferable for you to spend principal from your
after-tax investments instead of taking taxable distributions from your CREF account. A
graph comparing the benefits of consuming after-tax savings before pre-tax accumulations
follows. (See Exhibit Two.)

EXHIBIT TWO
A more thorough explanation of the benefits of consuming after-tax savings before
retirement accumulations can be found in my article, "Maximizing IRA Benefits,"
published in the September 1997 issue of Financial Planning.
Choosing the MDO will work best for participants who want to retain all of their
options. In addition, choosing the MDO will often be the most effective means of providing
for your heirs. By retaining control of your retirement funds, you have the option to vary
the amount of money that you withdraw each year.
Finally, you could elect any combination of the above options. You withdraw some money
and pay the tax. You could roll over part of your accumulations into an IRA and/or a Roth
IRA. You could annuitize part of your accumulation. Finally, you could elect the MDO on
the remaining amounts.
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TIAA Accumulations
Only some of the options available to CREF participants are also available to TIAA
participants. The limitations upon retirement distributions for TIAA participants are
significant. First, the systematic withdrawal option is not available to TIAA
participants. Second, depending on the contract between your institution and
TIAA, you may
not be able to make large lump sum TIAA withdrawals from your Group Retirement Annuities.
Even if you are allowed, there is often a 2.5 percent surrender charge. Furthermore, these
withdrawals can be made only within 120 days following termination of employment.
Unlike CREF, you are not permitted to roll over your entire TIAA accumulation into an
IRA and/or a Roth IRA. In addition, the MDO with TIAA often restricts your withdrawal to
the IRS mandated minimum amount. You can not--as you can with CREF--make withdrawals in
excess of the minimum whenever and for as much as you like. You could find yourself in a
position where you want more money from your TIAA accumulations and not be able to access
the funds because of the severe limitations on your withdrawal options.
In addition, although a detailed analysis is beyond the scope of this article, in many
cases, I think that the majority of long-term retirement assets belongs in the stock
market, whether it be CREF, individually chosen stocks, mutual funds, or managed funds.
One excellent source of information in the area of asset allocation is a book entitled Asset
Allocation by Roger Gibson published by Irwin Professional Publishing. A good
source of information on the specific TIAA and CREF investment funds is at their web site,
http://www.TIAA-CREF.org. I also recommend a
meeting or, if necessary, a series of meetings with your TIAA-CREF representative.
For both investment reasons and TIAAs distribution option limitations, I often
recommend that clients consider changing their future allocations to more CREF and less
TIAA. In cases where an even more aggressive approach is desired, consider the Transfer
Payout Annuity (TPA) for a portion of your TIAA investment, particularly if your TIAA
accumulation exceeds your CREF accumulation.
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Transfer Payout Annuity
With the TPA, you may transfer a portion or all of your TIAA investment into CREF or
the TIAA real estate fund. It takes ten years, however, to completely transfer all of your
funds. A critical planning point is that you can begin transferring TIAA funds to CREF
funds before you retire. Many participants should consider initiating a TPA on a portion
of their TIAA funds ten years or more before retirement. The TPA will allow more options
upon retirement, including the favorable terms of the MDO discussed above.
The downside of starting the TPA is that you may be shifting money from TIAAs
excellent bond fund which provides a guaranteed return into a more volatile fund that will
fluctuate with the stock market. In addition, TIAA, like fine wines, comes in vintages. A
unit of TIAA purchased in prior, high-interest rate years is more valuable than a current
unit purchased in years when the interest rate is low. By making the TPA, you may be
transferring vintage TIAA. When you make the TPA, TIAA transfers a pro-rata portion of
contributions from all years; you cannot elect to transfer only contributions made during
the low-interest years.
For conservative investors who want added flexibility upon retirement, consider
transferring some TIAA funds to TIAAs real estate fund. The real estate fund is an
additional method of diversification and is not as volatile as the stock market. The real
estate fund essentially follows CREFs flexible rules regarding distribution options.
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Required Beginning Date
The Required Beginning Date (RBD) refers to that date when the participant must begin
to receive annual distributions from his/her retirement accumulations. For years after
1996, the RBD is April 1st of the year following the later of the year in which the
participant reaches age 70½ or retires. You cannot use the date you retire to determine
the RBD for an IRA or for funds earned with previous employers. The minimum amount that
must be withdrawn is calculated based on the actuarial life expectancy of the participant
and the participants named beneficiary. The older the participant, the larger the
minimum distribution amount. Please note that pre-1987 funds in 403(b) plans are not
subject to minimum distributions until age 75.
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Taking Distributions from Your Retirement
Plan
If you would like to retain funds in the tax-deferred environment but do not want to
incur a penalty, then you should take the minimum required distribution. The minimum
distribution rules are based on the joint life expectancy of an IRA owner or
TIAA/CREF
participant and the owners or participants named beneficiary. The minimum
distribution is calculated by utilizing actuarial life expectancy tables published by the
Internal Revenue Service in Publication 590, which is likely to be revised this year.
Let us look at a minimum distribution (MDO) example for a
TIAA/CREF participant who has
named his spouse as the beneficiary and has one million dollars in his
TIAA/CREF accounts.
Assume that Doctor Wise is age 71 and his spouse is 65. According to the IRS tables, this
gives him a life expectancy of 15.3 years and his spouse a life expectancy of 20 years.
Their 22.8 year joint life expectancy is used to determine the MDO. Thus, the MDO for the
first year is $43,859 ($1,000,000 ÷ 22.8).
To determine the MDO for subsequent years, you have a choice of two methods: the
recalculation method and the term certain method. These are different methods of
determining the life expectancies of both the participant and the primary beneficiary.
Under the term certain method, on each anniversary of the RBD, you would subtract one year
from your original life expectancy determination. Under the recalculation method, you
recalculate your life expectancy each year. Note that as we age one additional year, our
life expectancy decreases, but not by a full year. Using a higher life expectancy will
result in a lower minimum required distribution.
To complicate matters further, you may choose to recalculate one life (usually the
participant) and apply term certain to the other life (usually the beneficiary). For
reasons beyond the scope of this article, the recalculation method for both spouses is
usually not the wisest choice although it produces the smallest MDO amounts.
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Minimum Required Distributions After Your
Death
Assuming that your heirs could afford to leave the funds in the tax-deferred
environment after your death, it would usually be to their advantage to take out the
smallest allowable distribution. Upon your death, if your spouse is the beneficiary, then
he or she could roll over your retirement account into the spouses own IRA. Your
spouse could then use his or her own and a newly named beneficiarys life expectancy
to calculate the required minimum distribution. This scenario, however, is subject to the
minimum incidental death benefit rules which limit the deemed life expectancy of the
beneficiary (usually the children) to no more than ten years younger than the participant
(usually the surviving spouse). Alternatively, if your spouse is older than you were when
you died, then the spouse could continue utilizing your distribution schedule. Note that a
surviving spouse may use either the recalculation method or the term certain method for
the surviving spouses newly named beneficiary.
For a non-spouse beneficiary, the general rule is that the beneficiary must take
distributions at least as rapidly as the deceased participant. If, however, certain
conditions are met and the proper elections have been made, then the beneficiary will
be able to use his or her own age to determine the required minimum distribution. An
advantage of naming a child (or even grandchild) as the beneficiary is that the
childs life expectancy is so long that the required distributions and the resulting
income taxes could be deferred for many years.
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Taxpayer Relief Act of 1997
In August of 1997, the President signed new tax legislation into law which includes
profound changes that will have far reaching implications for retirement and estate
planning for physicians. For some, the legislation is almost too good to be true. The
scope of the changes in the retirement plan area are so broad and so important for
physicians that they are deserving of a separate article. I wrote such an article entitled
"The New Roth IRAs: What Hath Congress Roth," which will
be published in the May 1998 issue of The Tax Adviser, the most prestigious
CPA journal in the country. Here are some of the more important considerations.
First, the new legislation permanently eliminates both the excess distribution and
excess accumulation taxes. Avoiding these taxes was the major reason that some financial
planners had recommended withdrawing funds from retirement plans before age 70½. Since
avoiding these two taxes is no longer necessary, there is little motivation to withdraw
funds from your retirement plans before you need the money (except for the gifting
strategy previously discussed).
The tax bill also includes a provision which revoked the tax-exempt status of the
TIAA/CREF organization. This does not mean, however, that TIAA/CREF will become a
for-profit company. Although the law should have almost no impact on CREF participants,
there may be a slight impact felt by TIAA participants. Recently, the CEO of
TIAA/CREF
stated that there may be a ¼ to ½ percent reduction in the dividends which are paid on
TIAA accounts.
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Roth IRAs And Roth IRA Conversions
More importantly, the legislation created a new type of IRA called the Roth IRA.
Starting in 1998, you can make a non-deductible contribution of $2,000 if you are single
and have an adjusted gross income (AGI) less than $95,000. Married taxpayers will be able
to make contributions of $4,000 if their combined AGI is less than $150,000. The money
will grow tax-free and withdrawals will be tax-free if the funds are held for five
years and the IRA owner is age 59½ or older when distributions begin. In effect, the IRS
is taxing the seed, not the harvest. All income and capital gains earned within the
Roth IRA are never taxed. With regular IRAs, the income and capital gains are only
tax-deferred. Another favorable feature is that Roth IRAs are not subject to the minimum
distribution rules that apply to regular IRAs.
The following exhibit shows the accumulations in a deductible SRA or IRA versus a Roth
IRA. Please note that we are assuming a 55-year-old is in the 28 percent tax bracket and
makes a $2,000 contribution which is invested at 10 percent. All amounts shown are
measured in after-tax dollars. (See Exhibit Three.)

EXHIBIT THREE
What is even of greater interest to physicians is the possibility of converting a
portion of your existing retirement plan to a Roth IRA. Although you have to pay income
tax on the amount converted, the account grows tax-free after the conversion. Furthermore,
if you elect to make a Roth IRA conversion in 1998, then you have the opportunity of
pro-rating the income tax over a four-year period. In other words, if you convert $200,000
in 1998, then you will incur additional taxable income of $50,000 per year for four years.
If you convert $200,000 in 1999 or later, then you will incur $200,000 taxable income in
the year of conversion.
To qualify for a Roth IRA conversion, your adjusted gross income must be less than
$100,000. The Roth IRA conversion is something every participant in a retirement plan
should seriously consider. A Roth IRA conversion runs contrary to the general principle
that it is usually better to postpone the payment of any taxes. In most of the scenarios
that we have analyzed, however, the retirement plan participant--and particularly, the
participants heirs--will have more wealth in the long run if the participant makes
the Roth IRA conversion on at least a portion of the total retirement plan accumulation.
The huge future income tax savings more than offsets the current income tax bite.
Regular IRAs are eligible for the Roth IRA conversion. To determine whether your
retirement plan is eligible for conversion, the general rule is that all retirement plans
that can be rolled into a regular IRA can be converted to a Roth IRA. The following chart
shows whether your assets will likely be eligible for the Roth IRA conversion. (See
Exhibit Four.)
RETIREMENT PLAN
CONVERSION ELIGIBILITY TO ROTH IRAs, PROBABLE RESULT * |
|
|
|
YES |
NO |
| IRA |
 |
|
| CREF
OR VANGUARD RETIREMENT ANNUITIES OR GRAS: |
STILL WORKING
|
|
 |
RETIRED OR SERVICE TERMINATED
|
 |
|
| TIAA |
|
 |
SUPPLEMENTAL
RETIREMENT ANNUITIES
(NO EMPLOYER MATCH): |
BEFORE 59 1/2 - STILL WORKING
|
|
 |
AFTER 59 1/2 - STILL WORKING
|
 |
|
RETIRED OR SERVICE TERMINATED
|
 |
|
OTHER
403(B), OR 401(A), OR (K) FUNDS - EMPLOYER'S
AND MATCHED CONTRIBUTIONS: |
STILL WORKING
|
|
 |
RETIRED OR SERVICE TERMINATED
|
 |
|
| NON-EMPLOYER
MATCHED PORTION: |
|
|
BEFORE 59 1/2 - STILL WORKING
|
|
 |
AFTER 59 1/2 - STILL WORKING
|
 |
|
RETIRED OR SERVICE TERMINATED
|
 |
|
| *Employers can choose different options
regarding "in-service" withdrawals from their Plans. |
|
|
EXHIBIT FOUR
As an example, assume Doctor Wise is 55 years old and chooses to make a $100,000 Roth
IRA conversion. Doctor Status Quo is in an identical financial position except that he
chooses not to make a conversion. Assume both doctors have $100,000 of after-tax dollars,
they are in the 28 percent tax bracket, and their rate of return is 10 percent. The
following chart shows the amount of after-tax dollars which both would accumulate. (See
Exhibit Five.)

EXHIBIT FIVE
Now, start with the previous example and look twenty years into the future. Assume that
each doctor dies at age 75, and they leave their IRAs and their savings account to their
45-year-old child. Assume the child makes annual distributions from the retirement
account. The first distribution is $48,000 and the subsequent annual distributions are
$48,000 increased by an assumed 4 percent rate of inflation. The following chart shows the
after-tax balances in the funds. As you can see, the differences are staggering. (See
Exhibit Six.)

EXHIBIT SIX
This difference does not take into account the potential estate tax savings of making a
Roth IRA conversion. Had that difference been considered, the results would be even more
favorable for making the Roth IRA conversion.
There are, however, several potential disadvantages to Roth IRAs and Roth IRA
conversions. The major disadvantage for many physicians is the problem of funding the
income tax burden on the conversion. Another potential disadvantage is the possibility
that the participants tax rate may decrease after retirement. The Roth IRA
conversion also will not be favorable if the intended beneficiary is a charity. Finally,
future tax law changes could jeopardize the benefits and even make the conversion
disadvantageous. Roth IRAs and Roth IRA conversions are a dynamic possibility that could
significantly enhance wealth and reduce taxes. I recommend that you seek professional
guidance to determine whether converting would be beneficial to you.
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Your Retirement Accounts
Beneficiary Designation
If retirement plans constitute the majority of the assets in your estate, then the
beneficiary designation of your retirement accounts (and not your Will) is the primary
means to control the disposition of your wealth upon your death. Most physicians name
their spouses as the primary beneficiary and their children as secondary or contingent
beneficiaries to their retirement plans. Better options exist, however.
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Spousal Beneficiary
I usually recommend naming your surviving spouse as the primary beneficiary of your
retirement account. The advantages to this are: (1) the spouse is the most likely object
of the participants affection, (2) the spouse does not have to pay any federal
estate tax on the retirement account because of the unlimited marital deduction, (3)
naming the spouse is likely to decrease the minimum required distribution while the
participant is still alive, and (4) the amount in the retirement account can be
distributed over a longer period of time once the participant dies.
The primary disadvantage of naming your spouse as the beneficiary of your retirement
plan is the potential enormous estate tax due upon your spouses death if the marital
assets exceed $600,000. If the only funds available to pay the estate tax are
retirement assets, then the payment of estate tax will trigger income tax. The combined
estate and income marginal tax rate could be 80 percent or higher.
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Plan Benefits Trust Beneficiary
If the total marital estate is more than $600,000 (which, under the new law, increases
in increments to $1 million in 2007), then I often recommend creating a special trust
called a Plan Benefits Trust (PBT). The PBT is designated as the secondary or contingent
beneficiary to the retirement plan. The purpose of the PBT is to fund the unified credit
shelter trust.
This PBT is created in addition to any trusts which you might establish in your Will.
The terms of the PBT provide the surviving spouse with income for life and the ability to
access principal for health, maintenance, and support. Upon the surviving spouses
death, the remaining assets are distributed to whomever you choose, usually your children
or special minor trusts depending on the age and maturity of your children. If the
survivors make the proper election, then the income tax on the money in the PBT can be
deferred. A sophisticated improvement to both the PBT and the B trust in A/B trust-type
Wills is to allow discretion in the payment of income to the surviving spouse.
One of the main purposes of the PBT is to save $240,000 to $1 million in estate taxes
for your children, while also protecting your surviving spouse. The PBT is especially
beneficial to participants whose major asset is their retirement plan. Conventional
thinking dictates that funding the unified credit shelter trust with retirement money is
not ideal for many participants. The PBT utilizes pre-tax dollars to fund the unified
credit shelter trust. Although not ideal, there oftentimes is not sufficient after-tax
money to fund the trust. In most cases, funding the trust with pre-tax dollars is
preferable to not funding the trust.
The PBT is especially critical for physicians because many of them have marital estates
which exceed $600,000 but require the retirement assets to fully fund their unified credit
shelter trust. Since your Will usually does not control the disposition of your retirement
plan, the PBT is necessary to utilize the unified credit shelter trust and to maximize the
estate tax savings to your heirs upon the surviving spouses death.
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Disclaimer Strategy
Naming a trust (i.e., the PBT) as the primary beneficiary of your retirement
plan, however, is not the best choice in most circumstances. In most cases, I prefer to
name the surviving spouse as the first beneficiary and the PBT as the contingent
beneficiary. After the death of the first spouse, the surviving spouse could then either
choose to inherit all of the retirement funds or disclaim $600,000 or less of the
retirement funds into the PBT. [Note, however, that if your spouse is named as a joint
annuitant of your TIAA/CREF account, then the disclaimer strategy will not work since the
spouse cannot refuse an annuity benefit.] If your spouse is named as the first
beneficiary, then your spouse will also have the option of rolling over the retirement
funds into his or her own IRA.
Another advantage of naming the spouse as the primary beneficiary is that the spouse
will not be burdened by a trust. In addition, there may be other funds which can be used
to fund (either totally or partially) the $600,000 unified credit shelter amount which
would make the PBT unnecessary. A final option is that the surviving spouse could keep a
portion of the retirement account and disclaim the remaining portion into the
PBT.
The advantage of the surviving spouse being able to disclaim the full interest of the
retirement plan into the PBT results from the potential savings of $240,000 to
$1 million in estate taxes for the children when the surviving spouse dies. The
decision of whether the surviving spouse should inherit the retirement plan outright or
whether the family would be better served utilizing the PBT often creates a tough choice.
Many couples with long-term, trusting marriages where both spouses have the same children
will prefer to let the surviving spouse make the decision after the first death when more
relevant financial information is available. The mechanism to accomplish this goal is to
name the surviving spouse as the primary beneficiary and the PBT as a contingent
beneficiary. Disclaimer planning probably is not appropriate for second marriages where
each spouse has his or her own children.
Instead of making restrictive decisions when you do not know future circumstances, the
disclaimer/trusts strategy allows your spouse to make these important decisions later with
more defined and current information. When will more information be known? At the time of
your death. In addition, your spouse will have nine months after your death to make a
qualified disclaimer. This ability to disclaim the benefits of the retirement account
creates an optimal estate plan. Disclaimers have long been an important part of estate
administration. Recently, sophisticated planners have been using the disclaimer as part of
the planning process before a death has occurred.
For tax and administrative reasons, the plans beneficiary designation should not
refer to your estate or even to a trust in your Will. The PBT should be a
"stand-alone" document drafted in conjunction with your Will or living trust. In
addition, the PBT must be submitted and approved by TIAA/CREF or the investment company
that controls your retirement assets.
If you prefer giving your surviving spouse options while retaining the possibilities of
substantial estate tax savings, then I recommend disclaimer-type Wills in addition to
disclaimer-type retirement beneficiary designations. In both cases, everything is left
primarily to the spouse, thereby allowing the surviving spouse to disclaim as much or as
little as he or she likes into a trust for the spouses benefit. The drafter of the
documents should provide for coordination of the PBT and the disclaimer trust under your
Will. Under most circumstances, I recommend using an integrated fractional formula
utilizing inter-textual language in both the Will and PBT to define the amount that will
fund the trust. This is a fancy way of saying the combination of the Will and the PBT will
carve out a total of $600,000 (or more as the unified credit amount increases) using a
combination of pre-tax and after-tax dollars, depending on what is the most advantageous
as decided by the surviving spouse after the first death.
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Conclusion
Retirees have a wealth of options regarding their retirement plans. In most situations,
the retirement plan participant and beneficiary will be best served by retaining as much
money as possible in the tax-deferred environment (except for taking premature
distributions under a gifting strategy). Many physicians will benefit by beginning to
transfer a portion of their TIAA to CREF at least ten years before their planned
retirement. Current retirement plan participants who have TIAA-CREF, Vanguard, and regular
IRAs should also consider converting a portion of them into Roth IRAs. Annuitizing is a
conservative strategy, but often an appropriate one for a portion of the retirement plan.
The minimum distribution option will often be the wisest choice for the majority of the
funds. Finally, physicians should consider establishing a coordinated estate plan that
incorporates disclaimer-type Wills and disclaimer-type retirement plan beneficiary
designations.
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James
Lange
is
a tax attorney and CPA with a thriving retirement
and estate planning practice in Pittsburgh,
Pennsylvania. He
focuses on the unique needs of individuals
with appreciable assets in their IRAs and
401(k) plans. His
plans include tax-savvy advice, will and
trust preparation, and intricate beneficiary
designations for IRAs and other retirement
plans. Jim's
advice and recommendations have received
national attention from syndicated columnist
Jane Bryant Quinn, and his articles are
frequently published in Financial
Planning, Kiplinger's Retirement
Report and
The Tax Adviser.
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