Hey Joel! – Is my 501(c)(3) organization eligible for a 401(k) plan? Are there any benefits over a 403(b) plan? (2024)

Hey Joel! – Answers from a recovering former practicing ERISA attorney

Welcome to Hey Joel! This forum answers plan sponsor questions from all over the country by RPAG’s in-house former practicing ERISA attorney.

Hey Joel,My prospect is a 501(c)(3) organization that is not affiliated with a church or school. Are they eligible for a 401(k) plan? Are there any benefits over a 403(b) plan?

Contemplating in Kansas

Dear Contemplating,

Contemplate no more! A 501(c)(3) organization is a nonprofit organization and can sponsor either a 401(k) plan or a 403(b) plan. In 1996, the law changed allowing nonprofit organizations to choose either the 401(k) or 403(b) plan for their employees. Here are some key differences between the two types of plans:

  • Unlike 401(k) plans, 403(b) plans are not subject to nondiscrimination testing requirements for salary deferral contributions. The nondiscrimination testing rules that apply to 401(k) plans sometimes require that salary deferral contributions be returned to highly compensated employees due to the results of nondiscrimination testing. This does not happen with 403(b) plans.
  • Annual limits are the same for both a 401(k) plan and 403(b) plan, except that the 403(b) plan may elect an additional form of catch-up contribution for participants who have 15 years of service, giving participants more flexibility.
  • 403(b) plans must follow the “universal availability” rule for eligibility to defer salary, meaning that if an employer permits one employee to defer salary into a 403(b) plan, they must extend the offer to all employees.
  • Some nonprofit organizations have established 401(k) plans in recent years, as the 401(k) is more well-known to their employees.

Hopefully that sheds some light on the differences between a 401(k) plan and a 403(b) plan.

The ERISA Wizard,

Hey Joel! – Is my 501(c)(3) organization eligible for a 401(k) plan? Are there any benefits over a 403(b) plan? (1)

Hey Joel! – Is my 501(c)(3) organization eligible for a 401(k) plan? Are there any benefits over a 403(b) plan? (2)About Joel Shapiro, JD, LLM

As a former practicing ERISA attorney Joel works to ensure that plan sponsors stay fully informed on all legislative and regulatory matters. Joel earned his Bachelor of Arts from Tufts University and his Juris Doctor from Washington College of Law at the American University.

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Hey Joel! – Is my 501(c)(3) organization eligible for a 401(k) plan? Are there any benefits over a 403(b) plan? (2024)

FAQs

Hey Joel! – Is my 501(c)(3) organization eligible for a 401(k) plan? Are there any benefits over a 403(b) plan? ›

Contemplate no more! A 501(c)(3) organization is a nonprofit organization and can sponsor either a 401(k) plan or a 403(b) plan. In 1996, the law changed allowing nonprofit organizations to choose either the 401(k) or 403(b) plan for their employees.

What is the difference between a 501c3 and a 403b? ›

Eligibility Distinctions: A 403(b) is exclusive to public schools and select tax-exempt organizations, including 501(c)(3) entities, while a 401(k) can be offered by nearly any type of company, including for-profits and nonprofits.

Who is eligible for 403b plan? ›

The following employees are eligible to participate in a 403(b) plan: Employees of tax-exempt organizations established under IRC Section 501(c)(3). Employees of public school systems who are involved in the day-to-day operations of a school. Employees of cooperative hospital service organizations.

Can you have a 403b and a 401k? ›

If you have both a 401(k) plan and a 403(b), you may contribute to both. However, you may only contribute up to the individual contribution limit of $22,500 in 2023 and $23,000 in 2024 (plus any catch-up contributions you're eligible for).

What is the difference between 401c3 and 501c3? ›

A 401(c) and 501(c) both refer to IRS Classifications in the United States. The primary difference is that a 501(c) refers to a formal classification of NOT FOR PROFIT organizations while the 401(c) refers to a formal classification of “self-employed individuals and owner-employees”.

Can a 501c3 have a 401k plan? ›

A 501(c)(3) organization is a nonprofit organization and can sponsor either a 401(k) plan or a 403(b) plan. In 1996, the law changed allowing nonprofit organizations to choose either the 401(k) or 403(b) plan for their employees.

Can a non profit organization offer a 401k plan? ›

Tax-exempt, nonprofit organizations can offer a 401(k), a 403(b), or both. Recent regulatory changes are making nonprofit 401(k)s even more popular among many tax exempt organizations. 401(k) plans are often significantly cheaper for both employers and employees.

Who can be excluded from a 403b plan? ›

Which employees can be excluded from the plan? A 403(b) plan may exclude certain employees from universal availability for elective deferrals: Employees who normally work less than 20 hours per week (this does not necessarily mean all part-time employees);

What is the 15 year rule for 403b? ›

If you're not age 50 but have at least 15 years of service with UC, you may be able make pretax catch-up contributions under the 403(b) Plan's “lifetime” catch-up contributions feature. To qualify, your regular 403(b) Plan contributions over time can total no more than $5,000 multiplied by your years of UC service.

What is one disadvantage of a 403 B retirement plan? ›

But beware: While a terrific savings vehicle, 403(b)s have some drawbacks. 403(b)s have a narrower range of investments than 401(k)s, and many plans over-emphasize, or even prioritize, annuities as the primary investment option.

Can you cash out your 403b? ›

You can withdraw from your current employer's 403(b) plan penalty-free as long as your plan allows in-service withdrawals and you're over age 59 1/2. Other exceptions include if you become disabled or face a qualifying financial hardship.

What happens to 403b when you quit? ›

When you quit your job, your 403(b) plan remains intact. However, employer contributions cease, and you might lose some funds depending on the vesting schedule.

What is better a 401k or a 403b? ›

The features of a 403(b) plan are comparable to those found in a 401(k) plan. 5 The big difference is in the participants. They are employees of public schools, tax-exempt organizations, and certain ministers. Many plans vest funds over a shorter period than 401(k) plans or may allow immediate vesting of funds.

What does 501 C )( 3 organization mean? ›

501(c)(3) organizations are nonprofit groups with a dedicated mission. Most people are familiar with them as churches and charities but they also include private foundations. They receive favorable tax treatment, such as avoiding federal income and unemployment taxes, as long as they operate to support their mission.

What are the disadvantages of a 501c3? ›

Disadvantages of Receiving 501(c)(3) Charitable Nonprofit Status
  • Initial and Ongoing Costs. Creating a nonprofit organization takes time, effort, and money. ...
  • Ongoing Paperwork. ...
  • Shared Control. ...
  • Public Scrutiny.

Is a 501 c 3 always non profit? ›

The overwhelming majority of 501(c)(3) organizations are nonprofit corporations. However, entities that can seek 501(c)(3) determination from the IRS include: Corporations. Trusts.

Why do nonprofits use 403b? ›

403(b) plans have fewer administrative costs and are cheaper for employers to offer because the government doesn't want to add additional financial burdens to nonprofit organizations. As a self-employed individual, you would not be able to invest in a 403(b) plan, but can open a solo 401(k).

What are the disadvantages of a 403 B? ›

The Disadvantages of a 403(b)

Since the plan functions as a retirement savings vehicle, you could face additional expenses if you take withdrawals early. "If you distribute funds from a 403(b) account before age 59 1/2 your funds may be subject to taxes and early withdrawal penalties," Comella says.

Is 403b a non profit organization? ›

A 403(b) plan is a retirement plan for employees of public schools, nonprofits, and religious organizations. A 403(b) plan is a tax-deferred option that invests your money in annuities and mutual funds. Employers choose how their 403(b) plans are structured and what options employees can pick from.

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