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403b Plan Rules

A 403b plan is a retirement plan for firm workers of community schools, tax-exempt associations and firm ministers. Usually, retirement earnings accounts could invest in any pensions or joint finances, also recognized as a tax-sheltered annuity (TSA) plan. The features of a 403(b) plan are comparable to those of a 401(k) plan. Workers might make pay deferral contributions that are typically restricted by regulatory caps. Personal accounts in a 403(b) plan could be any of the following kind: An annuity contract, custodial account, and a retirement income account. If individuals are facing issues like this, they can take their questions to Experts. Listed below are five of the top 403b plan questions that Experts have answered.

As a nonprofit organization, can an employer provide fringe benefits (health, dental, etc) to an independent contractor, which is separate from their Hourly Wage?

Independent contractors are not receiving wages. They are paid whatever was agreed to in the contract. As far as fringe benefit go, you can give them whatever you want to, it’s a contract. Keep in mind; with an independent contractor you can’t treat them like an employee. You can’t tell them when to come and go, or when to take breaks, anything like what you define for employees.

How would a withdrawal from a 403b plan affect unemployment compensation in the state of PA?

If all of the funds in the account were contributed by the employer, the state will reduce your unemployment benefits by the amount withdrawn. If you and your employer both contributed to the plan, then the state will reduce your benefits by half the amount withdrawn.

As a former employee of a NYC non-profit and having a 403b with them, and need a letter of determination on 403b to file bankruptcy. I have called and sent emails requesting it but my former employer has not responded at all. It has been three weeks and is holding up my ability to file.

There is no reasonable time under the law for them to respond to your request, but the courts hold reasonable time to be thirty days. You have to call the plan administrator to see if you can get the letter from them, since the plan administrator can give you what you need and you should also direct a copy of the letters making the request to the plan administrator as well.

Someone that lives in the State of California and just retired is considering rolling over their 403b into an IRA. To what extent are assets protected in 403b and IRAs? The party is wondering about bankruptcy protection as well as protection from a lawsuit of some type (not divorce).

Both of the 403(b) and IRA accounts, (Traditional and Roth) are exempt from garnishment in bankruptcy. The only difference is that IRA exempt assets are limited at $1,171,650. Bankruptcy Code 522(b)(3)(C).

If someone that has worked for a Non Profit for 8 years and has always struggled financially. The party’s payroll has been delayed at times and often carried into the following year. The party recently resigned their position and now the board is not committing to paying them back wages in excess of 20k. They do not have the money in the bank and will have to raise it. This was budgeted, expensed and unpaid. What are my legal rights? This is not severance, bonus or vacation it is unpaid salary.

It is also a violation of the FL Wage Act and the federal Fair Labor Standards Act for failure to pay wages and wages are due on payday as scheduled and if not made the employee is entitled to file a wage claim with the Department of Labor’s wage and hour division, which should be your first step and the DOL will generally pursue the employer (presuming you were an actual employee and not an independent contractor) for the wages, fines and penalties. If you were an independent contractor, then you would have to sue for breach of contract.

403 b plans can be confusing and often hard to understand. There are many 403b plan rules that one must follow as well. Experts can help by answering any questions you may have about your own particular situation.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
2 Employment Lawyers are Online Now

How JustAnswer Works:

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Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent 403b Questions

  • i was terminated from my job, and my union and i feel my case

    i was terminated from my job, and my union and i feel my case is a solid one, however, if my appeal does not go well (do not get job back) what are my options? can I get outside help\lawyer to continue to get my job back?
  • My son-in-law had several interviews at a local bank. He was

    My son-in-law had several interviews at a local bank. He was called back by the person under the CEO and was offered a job and was told to put in his notice and hopefully they would let him leave immediately so he could start earlier then 2 weeks which was his notice. Present during this conversation was the local branch manager. His notice was was done on Monday and on tuesday late afternoon via voice mail he was told that it was decided to wait before hiring anymore people because on branch was over staffed. He has not returned any calls or messages that were left. My son-in-law call the CEO directly and was told he knew NOTHING about this and this is not how they do business. Days go by and my son -in-law called Gary again and was told Ken said he didn't offer him the job. He was told to contact the branch manager where he was going to work since he was involved. Now no one will answer his calls. What can be done? He can contact board members but this behavior is totally unacceptable and has caused great stress to a single father who will have no job, insurance all at Christmas time. I understand nothing was in writing but a verbal offer was clearly made.
  • I am a medical technologist and I saw where my step son had

    I am a medical technologist and I saw where my step son had been in the er I clicked on his file and it was linked to his mothers records. The hospital had just put in a new computer system and I really didn't know what I was doing. This happened several months ago, but today I got called in the boss's office they said an audit had been done and they know I read the files. I am to turn in a written statement explaining why I read the file and will have another meeting next week. I'm so scared can anybody advise me?
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