Weighing 403(b)s versus 401(k)s for Nonprofits

In most cases, the 403(b) is the better option.

Cammack Retirement Group was founded in the 1960s specifically to specialize in 403(b) plans for nonprofits and, today, while the practice has expanded to cover 401(k) plans, many of the advisory practice’s clients are still nonprofits.

A common question that comes up is whether clients should offer a 403(b) plan, a 401(k) plan or both, says Mike Webb, a vice president with Cammack.

The question typically comes up because another practice has solicited Cammack’s clients to offer a 401(k) plan, Webb says. Cammack will then sit down with the client to go through the pros and cons of both offerings, he says.

The biggest driver of offering a 403(b) plan is the fact that such plans are not subject to discrimination testing, he says. For nonprofit hospitals with highly paid physicians, nonprofit museums with highly paid directors and nonprofit institutions of higher learning with highly paid professors, a 403(b) plan is the better choice, he says. 401(k) plans, on the other hand, are subject to discrimination testing and even if the sponsor offers a match, that leads to yet another test, the average contribution percentage test, he notes.

Large, more complex nonprofits are a different story, however, Webb says, because they are likely to have a for-profit affiliate. For instance, many hospitals acquire physician groups. Churches commonly have publishing houses, and museums have gift shops. Because employees of a for-profit entity cannot participate in a 403(b) plan, the only retirement savings option for these entities is a 401(k), so in these cases, Cammack will recommend that the nonprofit division have a 403(b) plan, while the for-profit division be served with a 401(k).

Want the latest retirement plan adviser news and insights? Sign up for PLANADVISER newsletters.

However, there is one other consideration to keep in mind when having the 403(b) versus 401(k) debate, and that is the fact that, except for 403(b)(9) church plans, 403(b)s can only invest in fixed and variable annuities and mutual funds. Physicians and professors, in particular, are often keen on investing in individual stocks and bonds, Webb notes. In addition, “401(k) pricing can be very attractive,” he says.

Inevitably, Webb concludes, this is a question that comes up every year, and it is a consideration those who advise nonprofits need to be familiar with.

A blog that Webb has written about this subject can be found here.

NAIC Approves ‘Best Interest’ Standard for Annuity Sales

The National Association of Insurance Commissioners sees its new conflict of interest regulations as working in harmony with the Securities and Exchange Commission’s Regulation Best Interest.

News emerged late in the day on Thursday that National Association of Insurance Commissioners (NAIC) has granted final approval to its revised model regulation that sets the conflict of interest rules for insurance producers to follow when recommending annuity products to their clients.

The development comes after years of work by the NAIC on the development of updated “best interest service” rules applying to insurance agents and representatives selling annuity products. With the NAIC’s approval, state insurance regulators can now adopt the model regulation into their own insurance regulations. By way of background, the NAIC is the United States’ standard-setting and regulatory support organization created and governed by the chief insurance regulators from the 50 states, the District of Columbia and five U.S. territories. Through the NAIC, state insurance regulators establish standards and best practices, conduct peer reviews, and coordinate their regulatory oversight.

Want the latest retirement plan adviser news and insights? Sign up for PLANADVISER newsletters.

Supporters of the NAIC best interest framework include the Insured Retirement Institute (IRI), which says the revised annuity transaction model and is consistent with the U.S. Securities and Exchange Commission’s Regulation Best Interest (Reg BI), which financial services companies must comply with by June 30.

Similar to Reg BI, the NAIC model regulation says that insurance producers shall act in the best interest of the consumer under the circumstances known at the time a recommendation is made, without placing the producer’s or the insurer’s financial interest ahead of the consumer’s interest.

“The NAIC model regulation is a significant enhancement to the standard that applies when producers recommend annuities to their clients,” says Wayne Chopus, IRI president and CEO.  “We urge states to move quickly to adopt this new regulation.”

According to Chopus, the final NAIC rule set also includes industry-recommended language to provide a safe harbor for all insurance producers who are subject to, and actually comply with, comparable or greater conflict of interest prevention standards that already exist in certain states.

«