Every October, the IRS comes out with the annual retirement plan limits. Some of these limits provide in part; the maximum individual contribution to Solo 401k, 401(k), 403(b) or 457 plans; the maximum compensation taken into consideration for retirement plan allocations and deductions; and the social security limits.

Investment representatives and retirement service providers will be hailing the new limits as an opportunity for employees to save more money in their retirement plans on a tax deferred basis. Following that advice may be a mistake for highly paid employees and could cost their employer additional fees.

Following the advice, highly compensated employees, with higher discretionary income levels, would increase their contributions. The non-highly compensated employees, with little discretionary income, will maintain their contributions at the current levels. The net result is a failed Average Deferral Percentage test with the subsequent refunds to the highly compensated and additional employer fees.

Instead of touting the new plan contribution limits alone, investment representatives need to include the