Jump to content

Non-ERISA 403(b) Satisfy CalSavers Exemption?

Recommended Posts

The plan sponsor is a 501(c)(3) org and can sponsor a 403(b)... Either ERISA or Non-ERISA.   The CalSavers program requires the employer to have a plan for exemption.  CalSavers is an IRA so I think a Non-ERISA plan would satisfy the exemption, but CalSavers is a little vague about this.  Any knowledge or opinions on this subject?


Patricia Neal Jensen, JD, VP


Patricia Neal Jensen, JD

Vice President and Nonprofit Practice Leader

|Future Plan, an Ascensus Company

21031 Ventura Blvd., 12th Floor

Woodland Hills, CA 91364

E patricia.jensen@futureplan.com

P 949-325-6727

Link to comment
Share on other sites

Here’s two relevant texts from the regulations:

“Exempt Employer” means an Employer that . . . (ii) maintains or contributes to a Tax-Qualified Retirement Plan[.]

“Tax-Qualified Retirement Plan” means a retirement plan that qualifies for favorable federal income tax treatment under Sections 401(a), 401(k), 403(a), 403(b), 408(k), or 408(p) of Title 26 of the United States Code. An employer-provided payroll deduction IRA program that does not provide for automatic enrollment is not a Tax-Qualified Retirement Plan.


Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania



Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Create New...