Peter Gulia Posted June 2 Posted June 2 An employer has a § 403(b) plan, elective deferrals only, with only TIAA-CREF. The employer is considering a different provider for ongoing § 403(b) elective deferrals. The employer assumes it lacks power to remove assets from TIAA-CREF. Even if it might have some such power, the employer would be reluctant to interfere with an individual’s choice to continue with TIAA or CREF for previously accumulated assets. If it matters, this governmental plan cannot be ERISA-governed, no matter what provisions or restrictions the employer might set. If an individual considers rollovers, if 59½, or § 403(b) transfers from TIAA or CREF to the new provider: What exit expenses will that bear? Is there a lock-up on all or some of the TIAA credited-interest contracts? What else should an adviser to this employer or its participants tell them to worry about? Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
Peter Gulia Posted June 3 Author Posted June 3 I'm not looking for details, only an anecdotal and general sense of others' experiences. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
acm_acm Posted June 3 Posted June 3 On 6/2/2026 at 9:23 AM, Peter Gulia said: Is there a lock-up on all or some of the TIAA credited-interest contracts? The traditional TIAA fixed annuity has a restriction on withdrawals. They have to be evenly spread over 10 years. Yes, 10 years. Peter Gulia 1
blguest Posted June 3 Posted June 3 On 6/2/2026 at 6:23 AM, Peter Gulia said: Is there a lock-up on all or some of the TIAA credited-interest contracts? What else should an adviser to this employer or its participants tell them to worry about? acm's note above about the withdrawal restriction is spot on, and in the context of benefit divisions for QDROs, can wreak havoc on or completely derail property divisions for unsuspecting parties to a divorce, and their lawyers. TIAA calls their flagship product so affected by the moniker "TIAA Traditional Annuities" (TTAs). I routinely write QDROs allocating as much of the assigned benefit as possible from the non-TTAs portion of benefits held by the participant, whenever possible. Disentangling marital property is normally high-priority task for divorcing parties, so most parties are only too glad to structure their QDROs this way. However, there are too many cases in which the participant holds most of their plan investments in TTAs, forcing property divisions of limited assets to be dragged out over many years. One would think plan sponsors have enough collective clout to pressure TIAA into modifying their entrenched rules on TTAs because it causes so much hardship for participants going through life changes.
Peter Gulia Posted June 4 Author Posted June 4 blguest, thank you for your observation about domestic-relations negotiations and divorcing persons’ preferences. Some plan sponsors or plan fiduciaries might have a different outlook. Some recognize that restraining payouts might permit an insurer to use assumptions that allow crediting rates higher than those that would be necessary if the insurer assumes participants could, and some would, take payouts more quickly. And some recognize that a choice between an investment with payout restraints and an investment with immediate redemptions might be a choice to be afforded to participants for each participant’s decision-making. Yet, I recognize divorcing persons’ and their lawyers’ frustrations in negotiating around interests in retirement plans and other property rights, some of which are not easily divided and some which cannot be divided. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
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