ERISA 403(b) Plan - Trustee

[52626]

If a 403(b) plan allows for a matching and non elective contribution, I understand these contributions will make the 403(b) plan an ERISA plan subject to all the rules of compliance testing and form 5500.

Question, doesn't the plan document need to name a Trustee for the employer portion of the contribution? I am reviewing a document prepared by TransAmercia - Tax Deferred Annuity Retirement Plan Adoption Agreement, and it contains employers contributions.

Thanks

[K2retire]

Typically 403(b) plans have a custodian or insurance carrier rather than a trustee.

[jpod]

1. There is a provision in ERISA that specifically says the ERISA Title I trust requirement does not apply to 403(b) funds.

2. You can't have a "trustee" without having a trust. If you form a trust to hold 403(b) contributions, under what Code section would it be tax-exempt?