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457(b) Plans

Named after IRS code 457, a 457(b) plan is a non-qualified deferred compensation plan for states, counties, cities, agencies, and their political subdivisions or agencies. Deferred compensation is a contractual agreement between an organization and an employee wherein the organization makes an unsecured promise to defer the compensation of the employee to some future date for services currently performed by the employee. Annual contributions are made through salary deduction up to $11,000 or 100% of salary [under EGTRRA], whichever is less. Distributions are made upon retirement, termination of employment, extreme financial hardship or at death to the named beneficiaries.

One nice benefit of the 457 plan is that in the last three years before the plan's normal retirement age, a participant can "catch up" on contributions missed in earlier years, with some restrictions.

Upon retirement, participating employees have various options for withdrawing funds. They can take out a lump sum, purchase an annuity or simply start drawing out money on a periodic basis from their current account. Unlike most other retirement plans, withdrawals may be taken from a deferred compensation account upon separation from service without incurring the 10% penalty for early distributions, even prior to age 59.

457(b) Deferred Compensation Plan

Detailed Summary
Plan Size
State, county or municipal governments and their agencies, or a private tax-exempt organizations of all sizes

Plan Adoption And Contribution Deadlines

Must be established by the employer's fiscal year end. Employer matching contributions, if applicable, must be made by end of employer's fiscal year, including extensions
Employee pre-tax salary deferrals must be deposited by 15th business day following the month of deferral, or sooner if administratively feasible

Employee Eligibility Requirements

Governmental employer has complete discretion, subject to state law
Tax-exempt employer must limit participation to "top hat" group

Funding & Maximum Contributions

Employee-funded. The lesser of 33 1/3% of includible compensation contributions (gross salary less all pre-tax deferrals) or $8,500 per year (indexed) in 2001, less any employer contributions

Employer contributions are optional. Maximum employer contribution up to $11,000 (indexed) in 2002, less any employee contributions

Catch Up provision is available, if eligible, up to $15,000 contribution limit per calendar year for three years prior to normal retirement age
Rollovers only allowed from other 457(b) plans

Withdrawals & Loans

Hardship withdrawals available only in the event of an unforeseeable emergency
No loan provision available

Distributions

Distributions to employees upon separation from service, death, attainment of age 70½, or an unforeseeable emergency
Upon separation, participant can make irrevocable election of an alternative commencement date to begin distributions. If employer's plan allows, participant can change, one time only, the decision made after retirement of when to begin receiving distributions

Administration And Reporting

Non-discrimination rules do not apply
Requires a Summary Plan Description and a Summary Annual Report
ERISA covered if employer is a tax-exempt (non-governmental) organization. If tax-exempt employer limits participation to "top hat" group, then exempt from most ERISA requirements, e.g. funding
Trustee is not required, but plan assets for governmental plans must be held in trust in an annuity contract or a custodial account for the exclusive benefit of plan participants and their beneficiaries

NOTE: The Economic Growth and Tax Relief Reconciliation Act of 2001 [EGTRRA] has brought about sweeping changes in the rules governing retirement plans. Please consider these changes as you address issues surrounding your retirement plan decisions. For more detailed information and answers to specific questions about this new Federal legislation please visit the Federal Legislation Update section of this website or contact us directly at 847-550-0144 or e-mail us at info@gfsginc.com.

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