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403(b)

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116: 153:(ERISA) does not require 403(b) plans to be technically "qualified" plans (i.e., plans governed by U.S. Tax Code 401(a)), but 403(b) plans have the same general appearance as qualified plans. While the option is available it is not known how prevalent or if any 403(b) plan has been started or amended to be ERISA-qualified. This is because the main advantage of ERISA plans for participants has been in the event of 255:
Beginning in 2006, 403(b) and 401(k) plans may also include designated Roth contributions, i.e., after-tax contributions, which will allow tax-free withdrawals if certain requirements are met. Primarily, the designated Roth contributions have to be in the plan for at least five taxable years and
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On December 9, 2008, the IRS gave 403(b) plan sponsors a one-year reprieve for adopting a written plan document. While the relief provisions from the IRS give 403(b) sponsors a full year to adopt a written plan document, the plans still must operate in compliance with 403(b) plan requirements. If a
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Salary-deferral contributions are not subject to complicated discrimination testing. 403(b) plans are instead subject to universal availability which, briefly and in general, means all employees must be permitted to make salary-deferral contributions. 403(b) plans also have simpler and less costly
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extended bankruptcy protection to 403(b) plans. While they are different in some fundamental ways, qualified and unqualified plans appear almost the same to the participant and the options available are very similar. The only important differences for the participants are some additional ways that
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A church plan that is not subject to ERISA is not required to file an IRS Form 5500, nor is it required to distribute summary annual reports, summary plan descriptions, or summaries of material modifications to plan participants. Church plans are generally subject to state law though. A defined
220:, 264 B.R. 415 (Bankr. E.D. Mich. 2001) Judge Spector held that the fixed-income annuity was not such a trust and could be reached by creditors. The variable account was held to fall within 541(c)(2) and was thus protected. Under the revised bankruptcy laws, 403(b) accounts, 178:
an ERISA plan (the employer makes contributions to employee accounts) there are additional restrictions and administrative issues applicable to those employer contributions, but not if a plan of a government employer which is not subject to
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From a plan administration standpoint, 403(b) plans do not have many of the same technical difficulties that 401(k) plans do, such as discrimination testing, especially if the plan is not an ERISA plan. If the plan
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A church plan is a retirement plan established and maintained by a tax-exempt church, a convention of churches, or an association of churches for its employees. Church plans are not subject to the
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Before the passage of the bankruptcy reform act in 2005, a 403(b) that was not an ERISA plan was not accorded protected status as property that could be claimed as exempt by the debtor under the
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person has taken a 403(b) plan and their age is less than 59½, then they cannot initiate an early withdrawal unless they can demonstrate a triggering event such as financial hardship,
605: 69: 244: 158: 555: 204:, or separation from service. In this event, the IRS will also charge a mandatory 10% in federal taxes, and it is additionally taxed as ordinary income. 265: 600: 191:(IRS) Form 5500, including not having the independent auditor requirement applicable to qualified plans with more than 100 plan participants. 239:. Some critics argued that this is disparate treatment of similar pension schemes and that more consistent protection was called for. The 162:
they can withdraw employer money, not salary-deferral money, before the typical 59½ age restriction, but only if the plan is funded with
404: 150: 456: 575: 288: 524: 492: 170:. The federal government wants to eliminate this difference in proposed regulations expected to be finalized in 2007. 213: 72:. Both plans also require that distributions start at age 72 (according to the rules updated in 2020), known as 595: 235:
was protective of pensions before the bankruptcy law revisions, giving those pensions the same protection as a
330: 320: 221: 163: 73: 380: 98:) although since 1974 they no longer are restricted to an annuity form and participants can also invest in 469: 125: 188: 180: 43: 325: 240: 232: 508: 280: 47: 276: 57: 8: 335: 132:
Please help update this article to reflect recent events or newly available information.
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Text of the Employee Retirement Income Security Act - ERISA - 29 U.S. Code Chapter 18
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of the account holder, but this advantage ceased to exist after the October 2007
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Employee Retirement Income Security Act - ERISA - 29 U.S. Code Chapter 18
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Publication 571 (12/2009), Tax-Sheltered Annuity Plans (403(b) Plans)
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until the money is taxed as income when withdrawn from the plan.
224:, and other retirement accounts are, in general, protected from 53:
organizations), cooperative hospital service organizations, and
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Employee salary deferrals into a 403(b) plan are made before
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Economic Growth and Tax Relief Reconciliation Act of 2001
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Bankruptcy Abuse Prevention and Consumer Protection Act
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benefit church plan is not required to pay subject to
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Type of retirement/pension plan in the United States
606:Tax-advantaged savings plans in the United States 405:"401(k) and 403(b) Plans: What's the Difference?" 128:may be compromised due to out-of-date information 587: 266:Employee Retirement Income Security Act of 1974 550: 548: 546: 381:"How is a 403(b) different from a 401(k)?" 250: 256:you have to be at least 59 years of age. 543: 151:Employee Retirement Income Security Act 90:403(b) plans are also referred to as a 588: 601:Retirement plans in the United States 459:. findUSlaw. Retrieved on 2016-09-02. 74:Required Minimum Distributions (RMDs) 452: 450: 448: 289:Pension Benefit Guaranty Corporation 109: 64:. It has tax treatment similar to a 470:"In re Estate of Barnes (Majority)" 243:took this argument to heart in the 13: 14: 617: 569: 554:Sciscoe, Tara Schulstad (2017). " 445: 231:For this reason, having an ERISA 208:Bankruptcy protection before 2005 187:annual reporting requirements on 114: 534: 259: 518: 502: 486: 462: 421: 397: 373: 348: 1: 341: 331:Taxation in the United States 321:Individual retirement account 194: 105: 291:plan termination insurance. 83:is paid and allowed to grow 7: 294: 68:plan, especially after the 35:savings plan available for 10: 622: 362:. Internal Revenue Service 189:Internal Revenue Service 556:Church Retirement Plans 271:A church plan may be a 251:After-tax contributions 326:List of finance topics 245:2005 bankruptcy reform 241:United States Congress 233:anti-alienation clause 596:Internal Revenue Code 281:deferred compensation 92:tax-sheltered annuity 48:Internal Revenue Code 540:C.F.R. § 1.410(d)-1. 356:"403(b) Plan Basics" 277:defined contribution 214:U.S. Bankruptcy Code 429:"The 403(b) Basics" 336:Thrift Savings Plan 237:spendthrift trust 147: 146: 613: 563: 552: 541: 538: 532: 522: 516: 506: 500: 490: 484: 483: 481: 480: 466: 460: 454: 443: 442: 440: 439: 425: 419: 418: 416: 415: 401: 395: 394: 392: 391: 377: 371: 370: 368: 367: 352: 142: 139: 133: 126:factual accuracy 118: 117: 110: 46:employers (only 37:public education 621: 620: 616: 615: 614: 612: 611: 610: 586: 585: 572: 567: 566: 553: 544: 539: 535: 523: 519: 507: 503: 491: 487: 478: 476: 468: 467: 463: 455: 446: 437: 435: 427: 426: 422: 413: 411: 403: 402: 398: 389: 387: 379: 378: 374: 365: 363: 354: 353: 349: 344: 297: 273:defined benefit 262: 253: 228:in bankruptcy. 210: 197: 143: 137: 134: 131: 123:This article's 119: 115: 108: 27:plan is a U.S. 17: 12: 11: 5: 619: 609: 608: 603: 598: 584: 583: 578: 571: 570:External links 568: 565: 564: 560:Ice Miller LLP 542: 533: 525:29 U.S.C. 517: 509:26 U.S.C. 501: 493:29 U.S.C. 485: 474:law.justia.com 461: 444: 420: 396: 372: 346: 345: 343: 340: 339: 338: 333: 328: 323: 318: 313: 308: 303: 296: 293: 261: 258: 252: 249: 209: 206: 196: 193: 181:discrimination 145: 144: 122: 120: 113: 107: 104: 15: 9: 6: 4: 3: 2: 618: 607: 604: 602: 599: 597: 594: 593: 591: 582: 579: 577: 574: 573: 561: 557: 551: 549: 547: 537: 530: 526: 521: 514: 510: 505: 498: 494: 489: 475: 471: 465: 458: 453: 451: 449: 434: 430: 424: 410: 406: 400: 386: 382: 376: 361: 357: 351: 347: 337: 334: 332: 329: 327: 324: 322: 319: 317: 314: 312: 309: 307: 304: 302: 299: 298: 292: 290: 284: 282: 278: 274: 269: 267: 257: 248: 246: 242: 238: 234: 229: 227: 223: 219: 215: 205: 203: 192: 190: 184: 182: 177: 171: 169: 165: 160: 156: 152: 141: 138:November 2010 129: 127: 121: 112: 111: 103: 101: 97: 93: 88: 86: 82: 77: 75: 71: 67: 63: 62:United States 59: 56: 55:self-employed 52: 49: 45: 41: 40:organizations 38: 34: 30: 26: 22: 21:United States 559: 536: 520: 504: 488: 477:. Retrieved 473: 464: 436:. Retrieved 433:403bwise.com 432: 423: 412:. Retrieved 409:Investopedia 408: 399: 388:. Retrieved 384: 375: 364:. Retrieved 359: 350: 285: 270: 263: 260:Church plans 254: 230: 218:In re Barnes 217: 211: 198: 185: 175: 172: 168:mutual funds 148: 135: 124: 100:mutual funds 95: 91: 89: 85:tax-deferred 78: 31:-advantaged 24: 18: 529:§ 1003 497:§ 1002 316:Form 1099-R 279:plan, or a 590:Categories 513:§ 414 479:2016-09-02 438:2016-09-02 414:2023-05-18 390:2016-09-02 366:2016-09-02 342:References 202:disability 195:Compliance 155:bankruptcy 106:Regulation 81:income tax 44:non-profit 33:retirement 226:creditors 183:testing. 164:annuities 58:ministers 51:501(c)(3) 499:(33)(A). 311:457 plan 295:See also 275:plan, a 166:and not 531:(b)(2). 515:(e)(1). 385:cnn.com 360:irs.gov 60:in the 42:, some 19:In the 527:  511:  495:  306:401(a) 301:401(k) 283:plan. 66:401(k) 25:403(b) 216:. In 222:IRAs 149:The 23:, a 558:". 96:TSA 29:tax 592:: 545:^ 472:. 447:^ 431:. 407:. 383:. 358:. 247:. 176:is 102:. 562:. 482:. 441:. 417:. 393:. 369:. 140:) 136:( 130:. 94:(

Index

United States
tax
retirement
public education
organizations
non-profit
Internal Revenue Code
501(c)(3)
self-employed
ministers
United States
401(k)
Economic Growth and Tax Relief Reconciliation Act of 2001
Required Minimum Distributions (RMDs)
income tax
tax-deferred
mutual funds
factual accuracy
Employee Retirement Income Security Act
bankruptcy
Bankruptcy Abuse Prevention and Consumer Protection Act
annuities
mutual funds
discrimination
Internal Revenue Service
disability
U.S. Bankruptcy Code
IRAs
creditors
anti-alienation clause

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