401(k) and 403(b) are a lot alike, but the two shall not merge

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
Contact

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Thanks to regulations, 403(b) plans are becoming more and more like 401(k) plans. It’s to the point were many advisors and third-party administrators get the idea they can merge or convert the plans, especially trying to morph a 403(b) into a 401(k) plan, but they can’t.

A 403(b) plan of a 501(c)(3) tax-exempt organization can’t be merged with a 401(k) plan; the only exception involves churches, which, subject to certain restrictions, were permitted to merge 401(k) and 403(b) plans that they sponsor.

The only way to move 403(b)money into a 401(k) plan is a plan termination where participants would elect the right to rollover their plan assets to a new 401(k) plan or an IRA. Until we get legislation that will allow a merger, we will still have this workaround.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ary Rosenbaum - The Rosenbaum Law Firm P.C. | Attorney Advertising

Written by:

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide