Employers considering offering a retirement plan for their employees are faced with multiple choices. Specifically, tax-exempt, non-profit organizations have a choice between offering a 403(b), a 401(k), or both. This article breaks down the differences, pros and cons, and leaves the employer with some guidance to help make a decision.
Which organizations can offer a 403(b) plan?
According to the IRS, the 403(b) plan, or tax-sheltered annuity (TSA), is offered by public schools and certain tax-exempt organizations. These types of companies and organizations can offer a 403(b) plan:
- An entity created under the section 501(c)(3) of the Internal Revenue Code.
- Public school systems
- Cooperative hospital service organizations
- Uniformed Services University of the Health Sciences (USUHS)
- Public school systems organized by Native American tribal governments
- Certain ministers
- Any 401(c)(3) institution which might include a not-for profit university, religious organization or social service agency
For example, the organization might be operated for these purposes; religion, education, charity, science, literacy, preventing cruelty to children or animals and more. The eligible organization will typically be structured as a corporation, community chest, fund or foundation. In general, an individual, partnership, or for-profit corporation won’t qualify for a 403(b).
Who can offer a 401(k)?
The 401(k) plan has greater latitude for employers and is offered widely across the United States, particularly at most large for-profit companies. Even many non-profit entities may choose to offer a 401(k). These non-profits are also eligible to present their employees with both a 401(k) and a 403(b) retirement plan option. In sum, almost any type of company may offer a 401(k) plan.
Now that it’s clear which types of employers qualify for the 401(b), 401(k), or both, you'll have to decide which option is the best fit for you and your employees. Before you make a decision as an employer, here is additional information to guide the process. Although there are similarities between the plans, they are not identical.
401(k) and 403(b): Similarities
Here's what they have in common:
- The 2016, maximum annual contribution is $18,000
- The additional catch-up contribution for employees over age 50 is $6,000, for a total allowable contribution of $24,000.
- All company employees should be eligible to participate.
- The total employee elective deferral plus Roth IRA and after-tax contributions is limited to the lesser of $53,000 or 100% of the employee’s contributions. This limit includes the employer contributions as well. (403(b) participants have additional rules if they own 50% of another company which also has a 401(k) plan.)
- Both plans, the 401(k) and 403(b), may be terminated according to pre-determined plan governing rules.
- Both types of plans allow for a Roth option.
401(k) and 403(b): Breakdown of Differences
|401(k) plan||403(b) plan|
|Investment options||Any investment option is allowed according to the Employee Retirement Income Security Act of 1974 (ERISA). Includes: mutual funds, annuity contracts and individually managed portfolios.||Annuity contracts or custodial accounts invested in mutual funds. (Churches may have additional options.)|
|15 year service catch-up||Not available||Allowed. If over age 50, must be applied before $6,000 over-age 50 catch-up is applied.|
|Plan hardship withdrawals||Allowed, after a specified number of years, certain age, disability or other predetermined event.||Allowed from annuity accounts, after a specified number of years, certain age, disability or other predetermined event. Hardship withdrawals from custodial accounts allowed only at age 59 ½ or upon disability.|
|Applicability of Employee Retirement Income Security Act (ERISA)||In general, subject to ERISA.||Depends upon the circumstances and construction of the plan.|
|Transfers across investment alternatives within plan||Allowed (subject to any plan documents).||Allowed in most cases, if information-sharing agreements are in place and are within plan parameters.|
403(b)s have historically been notorious for excessive fees. A recent feature in the New York Times explained, "The 403(b) accounts that many workers contribute to are not subject to the more stringent federal rules and consumer protections that apply to 401(k) plans." This, in combination with the fact that many organization don't have a lot of options when it comes to 403(b) providers, means that many of the current 403(b) plans currently in existence offer employees a confusing set of high-fee funds.
Not all 403(b) plans have to be bad, and at Captain401, we pride ourselves on offering a 403(b) that is on par with our 401(k) offerings, in the best interest of organizations and employees who do a lot of good for the world.
- How Much Does a 401(k) Cost Employers?
- How Much Does an Employee Cost?
- Featured Nonprofit 401(k) Client: ProUnitas
How to decide: 401(k) vs. 403(b)
401(k) pros: The main benefit of a 401(k) over a 403(b) is a flexibility. Would your organization potentially change in the future from a 501(c)(3) to a C-Corp or S-Corp? If so, a 401(k) would be able to stay with you during that transition, whereas a 403(b) would not.
403(b) pros: 403(b)s have slightly easier compliance testing requirements but these are often dependent on the provider.
Governmental, non-ERISA organizations would receive a lot of additional benefits with a 403(b) compared to a 401(k) -- for instance, they can double their deferrals, put in $36,000 on a pre-tax basis, etc. However, if you are not a governmental entity, it’s likely an ERISA plan, so a 403(b) becomes even more similar to a 401(k).
Captain401 serves several non-profit organizations and we offer both 401(k)s and 403(b)s at the same price. If you need any more information to decide between the two or have any specific questions about your organization's needs, please click here to contact us and we'd be happy to help!