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Encyclopedia > 403(b)

A 403(b) plan is a tax advantaged retirement savings plan available for public education organizations, some non-profit employers (only US Tax Code 501(c)(3) organizations) and self-employed ministers in the United States. It has tax treatment extremely similar to a 401(k) plan, especially after the Economic Growth and Tax Relief Reconciliation Act of 2001. Simply put, employee salary deferrals into a 403(b) plan are made before income tax is paid on it, and allowed to grow tax deferred until the money is taxed as income when taken out of the plan. Beginning in 2006, 403(b) and 401(k) plans may also include designated Roth contributions, i.e., after-tax contributions, which, if certain requirements are met, will allow tax-free withdrawals. Primarily the designated Roth contributions have to be in the plan for at least five-taxable years. A tax (also known as a duty) is a financial charge or other levy imposed on an individual or a legal entity by a state or a functional equivalent of a state (e. ... Retirement is the status of a worker who has stopped working. ... // Public education is education mandated for the children of the general public by the government, whether national, regional, or local, provided by an institution of civil government, and paid for, in whole or in part, by taxes. ... Alternative meaning: Organisation (band). ... A nonprofit organization (abbreviated NPO, or non-profit or not-for-profit) is an organization whose primary objective is to support some issue or matter of private interest or public concern for non-commercial purposes. ... A tax (also known as a duty) is a financial charge or other levy imposed on an individual or a legal entity by a state or a functional equivalent of a state (e. ... A self-employed person works for himself/herself instead of as an employee of another person or organization, drawing income from a trade or business. ... For other types of minister, see Minister In Christian churches, a minister is a man or woman who serves a congregation or participates in a role in a parachurch ministry; such persons can minister as a Pastor, Preacher, Bishop, Chaplain, Deacon or Elder. ... The 401(k) plan is a type of employer-sponsored retirement plan named after a section of the United States Internal Revenue Code. ... The Economic Growth and Tax Relief Reconciliation Act of 2001 was a sweeping piece of tax legislation in the United States. ... A salary is a form of periodic payment from an employer to an employee, which is specified in an employment contract. ... Roth is a surname, and may refer to Andrew Roth Ann Roth, American costume designer Arnold Roth, American cartoonist Cecil Roth, British-Israeli historian Cecilia Roth, Argentine actress Christine Evelyn Roth Claudia Roth Dagmar Roth-Behrendt, German lawyer and politician Daniel Roth David Lee Roth Dieter Roth Ed Roth Eli...


ERISA does not require 403(b) plans to be technically "qualified" plans, i.e., plans governed by US Tax Code 401(a), but have the same general appearance as qualified plans. The option is available but it is not known how prevalent or if any 403(b) has been started or amended to be ERISA qualified because the main advantage of ERISA plans for participants has been in bankruptcy of the account holder which has been removed by the October 2005 Bankruptcy Abuse Prevention and Consumer Protection Act. However, they are very different in some fundamental ways. To the participant, the plan appears almost exactly the same and the options available are very similar. The only important differences for the participant are some additional ways that they can withdraw employer money, not salary-deferral money, before the typical 59 1/2 age restriction, but only if the plan is funded with annuities, not mutual funds. The government is proposing that this difference be eliminated in proposed regulations that are expected to be finalized in 2006. The following, taken from http://www. ... The examples and perspective in this article or section may not represent a worldwide view. ... 2005 : January - February - March - April - May - June - July - August - September - October - November - December- → Deaths in October 28: Richard Smalley 26: Emil Kyulev 24: José Azcona del Hoyo 24: Rosa Parks 23: Stella Obasanjo 22: Liam Lawlor 22: Shirley Horn 20: Endon Mahmood 17: Ba Jin 10: Milton Obote 7: Charles... The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. ... The term annuity in current use in the insurance industry, refers to two very different types of legal contracts with very different purposes. ... The central idea of a mutual fund is to enable investors to pool their money and place it under professional investment management. ...


From a plan administration standpoint, 403(b) plans do not have many of the same technical difficulties that 401(k)s do, such as discrimination testing, especially if the plan is not an ERISA plan. If the plan is 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 discrimination testing. Descrimination testing is a technique employed in sensory analysis to determine whether there is a detectable difference among two or more products. ...


Salary-deferral contributions are still not subject to complicated discrimination testing. Instead, 403(b) plans are subject to universal availability which, briefly and in general, means all employees must be permitted to make salary-deferral contributions. Additionally, 403(b) plans have far simpler and far less costly annual reporting requirements on IRS Form 5500, including not having the expensive independent auditor requirement applicable to qualified plans with more than 100 plan participants. IRS is short for U.S. Internal Revenue Service short for Indian Revenue Service short for Independent rear suspension, used in automobiles. ...


ERISA plans have bankruptcy protection

Prior to 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 U.S. Bankruptcy Code. In In re Barnes, 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, by judicial stretching, held to fall within 541(c)(2) and thus protected. Under the revised bankruptcy laws, 403(b) accounts, IRAs and other retirement accounts are, in general, protected from creditors in bankruptcy. 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Bankruptcy in the United States is a matter placed under Federal jurisdiction by the United States Constitution (in Article 1, Section 8), which allows Congress to enact uniform laws on the subject of Bankruptcy throughout the United States. ... An Individual Retirement Account (or IRA) is a retirement plan account that provides some tax advantages for retirement savings in the United States. ... A creditor is a party (e. ...


For this reason, having an ERISA anti-alienation clause[1] was protective of pensions prior to the bankruptcy law revisions, giving those pensions the same protection as a spendthrift trust. Some critics argued that this is disparate treatment of similar pension schemes and that more consistent protection was called for. Congress took this argument to heart in the 2005 bankruptcy reform. An Anti-alienation clause specifies that the beneficial owner cannot transfer property away. ... A pension (also known as superannuation) is a retirement plan intended to provide a person with a secure income for life. ... A spendthrift trust is a trust that is created for the benefit of a person who is in debt (often because they are unable to control their spending) that gives an independent trustee full authority to make decisions as to how the trust funds may be spent for the benefit... A congress is a gathering of people, especially a gathering for a political purpose. ...


See also

The following, taken from http://www. ... What follows is a list of over 250 Wikipedia articles on finance topics. ... The 401(k) plan is a type of employer-sponsored retirement plan named after a section of the United States Internal Revenue Code. ... The 457 plan is a type of tax advantaged defined contribution retirement plan that is available for governmental and certain non governmental employers in the United States. ... The 457 plan is a type of tax advantaged defined contribution retirement plan that is available for governmental and certain non governmental employers in the United States. ... An Individual Retirement Account (or IRA) is a retirement plan account that provides some tax advantages for retirement savings in the United States. ... Taxation in the United States is a complex system which may involve payments to at least four different levels of government. ...

External links

  • IRS Publication 4406

  Results from FactBites:
 
403(b)wise : 403(b) FAQs (4397 words)
The 403(b) is a tax deferred retirement plan available to employees of educational institutions and certain non-profit organizations as determined by section 501(c)(3) of the Internal Revenue Code.
As far as the IRS is concerned a 403(b) is a TSA, and a TSA is a 403(b).
The 401(k) is a tax-deferred retirement plan for private sector employees, while the 403(b) is a tax-deferred retirement plan for employees of educational institutions and certain non-profit organizations.
403(b) - Wikipedia, the free encyclopedia (596 words)
A 403(b) plan is a tax advantaged retirement savings plan available for public education organizations, some non-profit employers (only US Tax Code 501(c)(3) organizations) and self-employed ministers in the United States.
Simply put, employee salary deferrals into a 403(b) plan are made before income tax is paid on it, and allowed to grow tax deferred until the money is taxed as income when taken out of the plan.
Prior to 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 U.S. Bankruptcy Code.
  More results at FactBites »


 

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