A Safer Retirement and Environment – What We’re Implementing to Help Keep You Safe: READ MORE

Here at Chadmere Capital Inurance and Financial Services, we are adhering to state and local guidelines in order to protect both the health and safety of clients and staff. Keeping our clients and staff safe is our highest priority and we’re taking all appropriate measures to ensure a safe environment. Should you prefer to not meet face-to-face, we are continuing to serve our clients through virtual settings such as Zoom or phone calls.

We look forward to continuing to help individuals and families achieve their ideal retirements.

Chademere Capital Insurance and Financial Services
(803) 242-1050

CLOSE

HOW GOVERNMENTAL 457(B) PLANS DIFFER FROM TOP HAT 457(B) PLANS

By Ian Berger, JD
IRA Analyst

Many sections of the tax code are confusing, but section 457(b) is one of the major offenders. Within that section are the rules for two different types of company retirement plans —  governmental plans, and “top hat” plans for management employees of tax-exempt employers like hospitals. The two types of 457(b) plans are subject to a number of different rules. Here are the major differences:

Eligibility. Governmental 457(b) plans can cover all employees, including rank-and-file workers. But top hat plans must be limited to employees who are key management or are highly paid. In a hospital setting, this typically means doctors and high-level executives.

Employee contributions. If you’re in a governmental 457(b) plan, you can make pre-tax deferrals and, if offered by the plan, Roth contributions (but not “traditional” after-tax employee contributions). In a top hat plan, you can only make pre-tax deferrals.

Plan loans. Municipal 457(b) participants can borrow against their accounts (if the plan allows). Top hat plan participants can’t make plan loans.

Accessibility. If you’re in a governmental 457(b) plan and 59 ½ or older, you can take withdrawals while still working. That’s not allowed in a top hat plan.

Rollovers. Municipal workers can roll over 457(b) funds to an IRA or to another employer plan that accepts rollovers. By contrast, top hat funds can’t be rolled over to an IRA or another plan.. However, if the plan allows, they can be transferred tax-free to another employer’s top hat plan that accepts them. If a direct transfer isn’t available (or is available, but isn’t elected), the top hat payout is taxable in the year of distribution.

Creditor protection. A governmental 457(b) participant in personal bankruptcy can completely protect their account from bankruptcy creditors. But someone facing a non-bankruptcy lawsuit only receives the protection offered by state law.

Governmental 45(b) plan funds must be held apart from the employer’s assets in a trust fund. By contrast, top hat plan funds must remain property of the employer. So, even though top hat assets can’t be reached by the employee’s creditors, they can be reached by the employer’s creditors at all times. This makes top hat plans riskier than governmental plans. That level of risk is why Congress limited eligibility to highly-paid employees who can better bear that risk.

To reduce this risk, some employers with top hat plans offer “rabbi trusts,” first offered by a congregation to its rabbi. With a rabbi trust, top hat plan funds still remain subject to the employer’s creditors, but the employee is protected if the employer refuses to pay the promised benefits due to a change of heart or because another entity becomes the employer as a result of a corporate transaction.

https://www.irahelp.com/slottreport/how-governmental-457b-plans-differ-top-hat-457b-plans

Ready To Take

THE NEXT STEP?

 

For more information about any of our products and services, schedule a meeting today.

Or give us a call at (803) 242-1050

Investment advisory services offered through Foundations Investment Advisors, LLC (“Foundations”), an SEC registered investment adviser. Nothing on this website constitutes investment, legal or tax advice, nor that any performance data or any recommendation that any particular security, portfolio of securities, transaction, investment or planning strategy is suitable for any specific person. Personal investment advice can only be rendered after the engagement of Foundations, execution of required documentation, and receipt of required disclosures. Investments in securities involve the risk of loss. Any past performance is no guarantee of future results. Advisory services are only offered to clients or prospective clients where Foundations and its advisors are properly licensed or exempted. For more information, please go to https://adviserinfo.sec.gov and search by our firm name or by our CRD #175083.

 ADV Part 2A & Form CRS              Privacy Policy