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POST YOUR 403B QUESTIONS, THOUGHTS AND COMMENTS...

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Subject: Convert 403b to 401k

Author: Brad

Date: 10/17/2001 11:18 am PST

I am a third party administrator who is trying to consult a client on the advantages of switching their company's entire retirement plan from a 403(B) structure to a 401(k) structure. I am not dealing with an individual participant who wants to roll their money into a 401(k); I am talking about restating the entire Plan to switch it's structure over to a 401(k).

Do you have any advice or information that would be beneficial to me in this endeavor? What I am really looking for is a precise comparison chart (or something of that sort) that I could use to communicate the advantages or disadvantages of making the switch.

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Convert 403b to 401k

Brad 10/17/2001 11:18 am PST

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Posted

Could I ask that you have the original poster post here? That way, he can elect to be notified when there are new messages here, rather than having to have e-mails sent to him. One of the advantages of the message board format is that everyone, not just the original poster, can benefit from any replies.

Thanks!

Employee benefits legal resource site

The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.

Guest lforesz
Posted

Hi, I am really interested in this topic as we have are facing a similar situation. Does anyone actually have any comments on the topic? We are not sure if this is considered a merger of a 403(B) plan into a 401(k) plan or just an amendment to switch from a 403(B) plan to a 401(k). The protection of beneifts worries us, but maybe just because we are not familiar with 403(B) plans.

Any thoughts on this would be greatly appreciated.

Posted

Even if putting new money into a 401(k) plan is permissible, it is not clear to me that you can modify a 403(B) plan with respect to the old money to make it into a 401(k) plan. Although the new law permits rollovers of money from a 403(B) to a 401(k), a rollover requires that there be a distributable event, and the termination of a 403(B) plan is not in itself a distributable event. That leaves the question of whether the money could be directly transferred from one plan to another at a time when no distributions/rollovers could be made. The only direct transfers permitted under the new law from a 403(B) to a qualified plan must be (a) to a defined benefit plan, and (B) for the purchase of service credit. Thus, a transfer to a 401(k) plan would not qualify.

Employee benefits legal resource site

The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.

Posted

I am curious if the 403b is a Annunity Contract underwritten by an insurance company, or a 403b(7) Mutual Fund- the question being are you trying to escape Mortality and Expense charges that seem useless or to costly to plan participants as the financial justification for redesigning the plan ? What are the cost benefits, investment options gained for your client and the plan participant ?

Guest brstokes
Posted

Is it possible for a plan sponsor to stop contributions into the 403(B) plan and create a 401(k) plan.

Then request that the participants roll their 403(B) balances into a IRA. After a period of time (1 day, 1 week or 1year???) then roll the IRA into the new 401(k) plan?

Barry

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