is a 403(b) a 403(a)?

[Guest lskin]

In the SEP answer book that is published by ASPEN publishers it mentions that all of an employer's plans including Section 401(a) plans and annuity contracts described in Code Section 403(a) must be included when determing whether the employer's SEP plan is top heavy? I think that 403(b) plans are not 401(a) plans but are 403(b) plans considered annuity contracts described in Code Section 403(a)?

[Guest lskin]

Anyone interested in answering this?

[Alf]

They are not included for top heavy. 403(b)s are designed to NOT be employer sponsored plans and avoid ERISA. That may not be the technical reason, but that is the correct answer, I believe.