Warning: Constant WP_CACHE already defined in /home4/comcompare/public_html/blog/wp-config.php on line 4

Warning: Cannot modify header information - headers already sent by (output started at /home4/comcompare/public_html/blog/wp-config.php:4) in /home4/comcompare/public_html/blog/wp-content/plugins/ip2location-country-blocker/ip2location-country-blocker.php on line 1984

Warning: Cannot modify header information - headers already sent by (output started at /home4/comcompare/public_html/blog/wp-config.php:4) in /home4/comcompare/public_html/blog/wp-content/plugins/ip2location-country-blocker/ip2location-country-blocker.php on line 1985

Warning: Cannot modify header information - headers already sent by (output started at /home4/comcompare/public_html/blog/wp-config.php:4) in /home4/comcompare/public_html/blog/wp-content/plugins/ip2location-country-blocker/ip2location-country-blocker.php on line 1986

Warning: Cannot modify header information - headers already sent by (output started at /home4/comcompare/public_html/blog/wp-config.php:4) in /home4/comcompare/public_html/blog/wp-content/plugins/ip2location-country-blocker/ip2location-country-blocker.php on line 1987
The 401k Vs 403b Plan: Find The Legal Difference Between | CC

The 401k vs 403b Plan: Find The Legal Difference Between

Amanda Byford
Follow Me

401k vs 403b Plan

Both 401k and 403b have taken the name after sections of the tax code, they are qualified tax-advantaged retirement vehicles offered to employees by employers. 

The main difference between both types of plans is: 401(k) plans are offered by private, for-profit companies, and the 403(b) plans are available only to nonprofit organizations and government employers.

Another difference between the plans is each plan offers different investment options, but that distinction reduces over time.

403(b) plans used to be restricted to an annuity format because at that time it was known as tax-sheltered annuities. Then in 1974, this restriction was removed.

About 401k plan

A qualified employer-sponsored retirement plan where eligible employees can make tax-deferred contributions from their salary or wages on a net income along with/or gross basis is called a 401k plan

Bosseson behalf of eligible employees may make matching or involuntary contributions to the plan and may also add a profit-sharing feature to the plan. 

Revenue in a 401(k) plan accumulates on a tax-deferred basis. Private employers offer 401(k) plans.

At the time of withdrawal of funds from your 401(k), you can start enjoying the income from this retirement mainstay and face its tax consequences. 

For many people with 401(k)s, distributions are taxed as ordinary income, much like an earning. However, the tax charges you’ll incur will depend on the type of 401(k) and on how and when you withdraw funds from it.

About 403b Plan

A 403b plan is a retirement plan for certain employees of public schools, tax-exempt organizations, and few ministers. These plans can invest in either lump-sum or mutual funds. 

Another name for a 403b plan is a tax-sheltered annuity plan, and the features of a 403(b) plan are corresponding to those found in a 401k plan.

To participate in the plan the eligibility is required to be employees of tax-exempt organizations. Educationists, school administrators, professors, librarians, government employees, medical staff like nurses, and doctors are the participants who will qualify. 

There are many plans that invest funds over a shorter period compared to 401(k) plans or may allow immediate vesting of funds.

Legal differences between 401k vs 403b plans

403(b) plans particularly do not have to follow the many regulations of the Employee Retirement Income Security Act (ERISA), which rules qualified, tax-deferred retirement investments, like 401(k)s and 403(b)s. 

The 403(b)s are free from nondiscrimination testing. This testing is done yearly and it is created to stop management-level or highly paid employees from getting a corresponding amount of benefits from a given plan.

Because of a long-standing Department of Labor regulation, under the 403(b) plans until and unless the employer does not fund contributions they are not technically labeled as employer-sponsored that is the reason for these exemptions. 

But if an employer makes a contribution to employee 403(b) accounts, then like those who offer 401(k) plans they too are liable to the same ERISA guidelines and reporting requirements.

Under the 1940 Securities and Exchange Act investment funds are required to qualify as a registered investment company to be included in a 403(b) plan. But for 401(k) investment options, it is not applicable.

Other differences of 401k vs 403b Plans

Even if 403(b) plans are able to legally provided employer matches to their participants’ contributions, no all employers are willing to offer matches so they will lose ERISA exemption.

401(k) plans offer similar programs at a much higher rate. If an employee has worked over 15 years with some nonprofits or government agencies, they may be able to make additional catch-up contributions to their 403(b) plans but those with 401(k) plans can’t.

Another difference between the two is, 403(b) plans, which are non-ERISA the expense ratios can be much lower because their reporting requirements are less stringent compared to 401(k).

For each type of plan, the plan providers and administrators are different. The mutual fund companies administer 401(k) plans, whereas, the 403(b) plans are more often administered by insurance companies. 

This is why many 403(b) plans control investment options and notably feature annuities, and a lot of mutual funds are offered by 401(k) plans.

Conclusion

As qualified tax-advantaged retirement plans, both 401(k) and 403(b) plans are offered by employers to their employees.

401(k) plans are offered by companies that work for profit, to their eligible employees who contribute pre or post-tax money through payroll deduction.

403(b) plans are offered to non-profit organizations and government employees.

403(b) plans are free of nondiscrimination testing but 401(k) plans are not.

Very rarely does an employer offer both the 401(k) and 403(b). In such a situation, employees may contribute to both accounts.

Amanda Byford

Amanda Byford has bought and sold many houses in the past fifteen years and is actively managing an income property portfolio consisting of multi-family properties. During the buying and selling of these properties, she has gone through several different mortgage loan transactions. This experience and knowledge have helped her develop an avenue to guide consumers to their best available option by comparing lenders through the Compare Closing business.

Leave a Reply

Back to top