Can a 403(b) favor tenured employees?

[kwalified]

I don't see it possible, but I thought I would ask. A small 403(b), non church, 10 participants maintains a 403(b) that currently funds a 6% nonelective. They are considering greater employer funding for employees who have been working longer. That would be discriminatory under the 403(b) regs, yes?

[QDROphile]

See section 403(b)(12)(A)(i) and reg section 1.403(b)-5. The answer to you question is negative. The section 403(b) regs do not themselves provide an answer. You have to look to the relevant section 401 rules.