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BenefitsLink Message Boards > Retirement Plans > 403(b) Plans, Accounts or Annuities
jaemmons
If a tax-exempt organization sponsors a 403(b) for salary deferral purposes, but makes matching contributions to a 401(k) plan, is the 401(k) plan subject to ACP testing? I believe it is, but just need some clarification. Thanks
MWeddell
Yes.

Note that there's an argument that the 403(b) must be subject to ERISA when you're computing a match based on the deferrals even if the match is made in a qualified plan instead of in the 403(b) arrangement.
Peter Buck
In another thread I asked if a non profit could sponsor a 403(b) and 401(k) with match only for 401(k) salary deferrals and have the 403(b) plan be a non ERISA plan that would allow HCE's to defer above any limit imposed by the ADP test in the 401(k). Strangely, rolleyes.gif no one responded so I thought I'd try here
MWeddell
Peter, what you've suggested is possible. Whether the 403(b) plan is non-ERISA depends on more than whether it accepts employer contributions of course.
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