Each year more than 10 million Americans lose their jobs unexpectedly. Besides
obvious financial and emotional strain of losing a paycheck and daily social routine, there are also some additional pressures created by decisions that must be made regarding your employer-provided benefits. These choices are irreversible – once they are selected you are locked into
financial effects and tax consequences that might not be fully visible until several years later. But learning
basic tax and benefit planning strategies that apply to your specific situation will give you an advantage and help avoid costly mistakes.THE RETIREMENT PLAN There is one universal rule when it comes to handling your retirement plan: do not cash in your retirement plan directly even if you know that you must use
cash immediately. This rule applies regardless of whether your retirement plan is a self-directed 410(k) or a company-controlled pension plan. First roll it over into your own IRA account and then withdraw money from
IRA as you need it. This will lower your overall tax bill, make more cash available to you now and postpone
date that
tax you owe is actually due. The IRS makes many allowances for individuals to withdraw money from an IRA to pay for expenses while unemployed but these provisions are not available if you simply cash in your employer’s retirement account plan.
If you have outstanding loans on your 401(k) plan,
ideal situation is to refinance prior to losing your job. See
notes on “cash flow” section below.
To illustrate
point, consider
following simplified example of two people Jack and Sally, who each have a $10,000 401(k) plan. Jack cashes in his 401(k) plan immediately, while Sally does a rollover to an IRA and then withdraws
money after making a strategy with her financial adviser to take full advantage of
tax saving features of IRA withdrawals. Sally has $2,000 more cash available to her immediately, and ultimately (assuming some very bright financial planning) owes $1500 less tax than Jack.
Jack’s 401(k)Sally’s IRA Account Balance$10,000$10,000 Tax Withholding Amount2,000$0 Cash Available$8,000$10,000 Early Withdraw Penalty$1500$0 TOTAL TAX$4000$2500
There are many firms that handle these retirement plan rollovers at no charge to you. Some firms also offer tax planning that will allow you to minimize
tax bite while still using as much cash as you need to carry you until your next job. It makes sense to use a firm that assigns a financial adviser that you can rely on later for tax and other advice.
STOCK OPTIONS More people have been financially hurt by stock options in
past 24 month period of lagging stock market performance than any other type of benefit plan or financial vehicle. When combined with a loss of employment in a suffering economy,
combined effects can be devastating. Stock options are a great benefit in a rising stock market, but can be an unexpected bombshell in a market downturn. This is because income taxes on stock options are usually triggered before you actually receive any cash from
stock options. If
stock price declines sharply before you sell, you still owe tax on
higher value. In many cases
tax you owe can be greater than
amount you receive from selling your stock or stock options.
To complicate matters even further, stock options are one of
primary triggers of
notorious “alternative minimum tax” (AMT) that catches many taxpayers by surprise. If you find yourself suddenly subject to
AMT, then this might have major implication in your taxes for at least several years into
future due to
“future credit” feature of
Alternative Minimum Tax if you received
type of options known as “incentive stock options”. This can be a much bigger deal than many people realize. Many people who do not complete their financial planning prior to exercising a stock option wind up paying tens of thousands in taxes that might have been avoidable.
Many stock option plans have a provision that causes
options to be exercised at
termination of employment. This means that you have little control over
timing or financial terms of
transaction. In other cases, a terminated employee may exercise
options to raise cash in preparation for losing a salary. In either case, you must act quickly in order to protect yourself from market risk and adverse tax effects. The most successful financial planning strategies involve these steps: 1) timing
transactions to minimize tax consequences, 2) matching gains and losses for maximum tax efficiency, 3) AMT neutralization and 4) diversifying or insuring
investments to protect from market movements.
HEALTH COVERAGE Federal law known as COBRA guarantees that you can keep your medical insurance coverage for up to 18 months if you work for a company with more than 20 employees. But there are many details of this coverage that you should be familiar
If your company has less than 20 employees, then COBRA coverage is not available to you under any circumstances. Sometimes an employer may make an arrangement to continue to provide you with group health coverage after your employment is terminated. This is a dangerous situation. If COBRA coverage is not available to you under federal law and
insurance company later learns of a claim on your policy, then
insurer may immediately terminate your insurance coverage and deny responsibility for paying any further claims. The insurer even has
legal right to rescind coverage retroactively back to your date of termination of employment. While most insurance companies do not strictly enforce these severe penalties, it just is not worth taking
risk with your health insurance.
If you are not sure if COBRA applies (for example, your company has had less than 20 employees in
past but has recently grown to more than 20 employees) you should put your request for COBRA coverage in writing to your employer and
insurance company. Usually they will err on
side of caution and offer you
COBRA coverage but this action will not be taken unless prompted by your formal request.
Also you should be aware of your state’s unique coverage conversion rules. About half of
states provided for continuity of coverage regardless of COBRA or other provisions.