Group Life & AnnuitiesQuestion 247 of 716

Which statement BEST describes the difference between a 401(k) plan and a 403(b) plan?

a.403(b) plans are non-qualified deferred compensation arrangements standing outside ERISA, while only 401(k) plans receive qualified-plan tax treatment and the salary-deferral exclusion
b.Both plans may be sponsored only by state and local government employers, and both are administered under the same IRC §457 deferred compensation rules
c.Only 401(k) plans may accept designated Roth contributions; a 403(b) participant is limited to pre-tax salary reduction deferrals for the whole of his or her career
d.401(k) plans are sponsored by for-profit private employers; 403(b) plans are sponsored by public schools, churches, and certain tax-exempt 501(c)(3) organizations

Explanation

Both 401(k) and 403(b) are qualified, tax-deferred salary-reduction retirement plans subject to ERISA (with limited exceptions for governmental and church 403(b) plans). The key difference is the type of sponsor: 401(k) plans are offered by for-profit employers under IRC §401(k); 403(b) plans — sometimes called TSAs (tax-sheltered annuities) — are offered under IRC §403(b) by public school districts, colleges, hospitals, and 501(c)(3) charitable organizations. The statement that both may be sponsored only by state and local governments is wrong — 457 plans are for governmental and select non-profits; 401(k) is private; 403(b) is education/non-profit. The statement that a 403(b) is a non-qualified arrangement standing outside ERISA is wrong — both are qualified. And the claim that only 401(k) plans may accept designated Roth contributions is wrong — both 401(k) and 403(b) plans may now offer designated Roth contributions under IRC §402A.

Law Reference: IRC §401(k) and 29 U.S.C. §1001 et seq. (ERISA)

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