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Gathering Storm of Fiduciary Liability for Some 457 and 403(b) Retirement Plan Sponsors
Jeff Robertson in 403bwise 
Nov. 26, 2003
Excerpt: In general, a 457 plan, as well as a 403(b) plan sponsored by a governmental entity, will not be subject to ERISA, exempted as a 'governmental plan.' However, a 403(b) plan that is not sponsored by a public governmental entity must be carefully structured to avoid ERISA's requirements ... A 403(b) plan will be subject to ERISA unless it has no employer contributions, is purely a voluntary plan, and there is minimal administrative involvement by the plan sponsor.
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