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Posted

We have a client who currently sponsors a 401(k) plan but would like to convert it into a 403(b).  Is that something that can be done through a simple restatement of the Plan Document?  Or would we need to terminate the 401(k) and start a brand new 403(b)?

Thanks in advance!

Posted

You cannot convert or restate a 401(k) plan as a 403(b) plan.  Seriously re-consider keeping the 401(k) plan.  It is legally permitted to terminate the 401(k) plan and start up a new 403(b) plan from scratch.

Posted

Assuming the entity is eligible for a 403b plan, I'm not aware of any requirement to terminate the existing plan.  It could be frozen, w/o termination.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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