All 403(b) plans are subject to Title I of ERISA unless an exemption applies.
Solo 401k plans are not typically classified as standard ERISA plans, because these plans are for business owners only. Solo 401k plans don't include non-owner employees, so there are certain titles of ERISA that don't apply to the Solo 401k.
Open a SIMPLE IRA through a bank or another financial institution. Set up a SIMPLE IRA plan at any time January 1 through October 1. If you became self-employed after October 1, you can set up a SIMPLE IRA plan for the year as soon as administratively feasible after your business starts.
Plans that fall under ERISA include defined benefits and defined contributions plans, 401 plans(k), 413b plans, EPSOPs, or profit-sharing plans. ERISA also covers private health plans such as health maintenance organizations (HMOs) and Flexible Spending Accounts (FSAs).
In general, retirement plans that are covered by ERISA are protected from creditors—and their lawsuits. A 401(k) is an ERISA-qualified plan, so it is likely protected if you get sued. There may be a few exceptions, such as charges brought by the federal government or if you allegedly wronged the plan.
Qualified plans include 401(k) plans, 403(b) plans, profit-sharing plans, and Keogh (HR-10) plans. Nonqualified plans include deferred-compensation plans, executive bonus plans, and split-dollar life insurance plans.
Anyone who works for a private-sector organization which sponsors retirement benefits such as pension plan or a 401(k) plan (or 403(b) for non-profits) receives an ERISA-governed benefit that becomes vested; i.e., non-forfeitable so long as the employee works for the employer for a sufficient number of years.
You could use a traditional solo 401(k) or a Roth solo 401(k) for potential tax benefits. Once again, you receive the same tax benefits as you would with other self-employed retirement plans. A traditional solo 401(k) gives you an up-front tax deduction for contributions, but the withdrawals are taxed in retirement.
If you are self-employed, it's in your hands to set up a retirement plan for yourself. You have many options to choose from including an IRA/Roth IRA, SEP or SIMPLE IRA, but the best best choice, if you qualify, is the Solo 401(k) plan. Learn why! -- Learn more about the Solo 401(k): .
When you're self-employed, you can save for retirement with tax-advantaged accounts like a SEP IRA, self-employed 401(k), SIMPLE IRA, or Fidelity Advantage 401(k)℠. A health savings plan (HSA) is another potential option for long-term savings, particularly since savings are not use it or lose it and can grow over time.