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Erisa Rules For 403b In Philadelphia
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Multi-State
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Philadelphia
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US-001HB
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FAQ
ERISA restricts certain actions related to how benefit plans are designed and administered. For example, it limits the types of investments that retirement plans can make, imposes fiduciary duties on plan administrators, and mandates specific reporting and disclosure requirements.
Limit on employee elective salary deferrals The limit on elective salary deferrals - the most an employee can contribute to a 403(b) account out of salary - is $23,000 in 2024, ($22,500 in 2023; $20,500 in 2022; $19,500 in 2021 and 2020).
Types of prohibited transactions Fiduciary self-dealing transactions occur when a fiduciary (such as a plan administrator or trustee) uses plan income or assets for their own interest. Self-dealing can lead to conflicts of interest and is prohibited under ERISA.
In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws.
ERISA prohibits cross trades, the exchange of assets between two accounts without going through a public market. There have been numerous exemption requests motivated by a desire to reduce transaction costs. Mutual funds are permitted to cross trade under Rule 17a-7.
403(b) plans sponsored by 501(c)(3) organizations (such as tax-exempt hospitals and charitable organizations) are generally subject to ERISA but may choose non-ERISA if they meet specific requirements. In other words, they do not automatically qualify to be non-ERISA.
403(b) contribution limits consist of your contribution and your employer's contributions. On your end, you can defer up to $23,500 from your salary to your 403(b) in 2025. If you exceed this contribution limit, the IRS will tax your funds twice.
One key exception is the ADP test that normally applies to salary deferrals. As a trade-off to the universal availability requirement (described above), 403(b) plans are not required to pass the ADP test. This allows any highly compensated employees to maximize their deferrals.
Which employees can be excluded from the plan? Employees who normally work less than 20 hours per week (this does not necessarily mean all part-time employees); Employees who will contribute $200 annually or less; Employees who participate in a 401(k) or 457 plan, or in another 403(b) plan of the employer;
In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws.
