Tax Law

What Is an IRS Section 457 Deferred Compensation Plan?

Learn about IRS Section 457 deferred compensation plans and their benefits for employees and employers.

Introduction to IRS Section 457 Deferred Compensation Plans

An IRS Section 457 deferred compensation plan is a type of retirement plan that allows employees to save for retirement on a tax-deferred basis. These plans are often offered by state and local governments, as well as tax-exempt organizations, to their employees.

The plan allows employees to contribute a portion of their salary to the plan on a pre-tax basis, reducing their taxable income for the year. The funds in the plan grow tax-deferred, meaning that the employee will not pay taxes on the investment earnings until they withdraw the funds in retirement.

Benefits of IRS Section 457 Deferred Compensation Plans

One of the primary benefits of an IRS Section 457 deferred compensation plan is the ability to save for retirement on a tax-deferred basis. This can help reduce an employee's taxable income for the year, resulting in a lower tax liability.

Additionally, the plan allows employees to accumulate a significant amount of retirement savings over time, which can provide a steady stream of income in retirement. The plan also offers flexibility, as employees can choose from a range of investment options to tailor their portfolio to their individual needs and risk tolerance.

Eligibility and Contribution Limits

To be eligible to participate in an IRS Section 457 deferred compensation plan, an employee must be employed by a state or local government, or a tax-exempt organization. The plan is also subject to certain contribution limits, which are established by the IRS.

For example, in 2022, the annual contribution limit for an IRS Section 457 plan is $19,500, or $26,000 if the employee is age 50 or older. Employees can contribute to the plan through payroll deductions, and the employer may also make contributions to the plan on behalf of the employee.

Investment Options and Plan Administration

An IRS Section 457 deferred compensation plan typically offers a range of investment options, including mutual funds, annuities, and other investment vehicles. The plan may also offer a range of administrative services, such as account management and customer support.

The plan administrator is responsible for overseeing the plan and ensuring that it is operated in accordance with the applicable laws and regulations. The administrator may also provide educational resources and investment advice to help employees make informed decisions about their retirement savings.

Distribution Rules and Tax Implications

The distribution rules for an IRS Section 457 deferred compensation plan are designed to ensure that the plan is used for retirement savings, rather than as a means of accessing funds for current expenses. Generally, distributions from the plan are not permitted until the employee separates from service or reaches age 70 1/2.

When an employee receives a distribution from the plan, the funds are subject to income tax. However, the employee may be able to roll over the distribution to an IRA or another eligible retirement plan, which can help to minimize taxes and preserve the retirement savings.

Frequently Asked Questions

What is the main purpose of an IRS Section 457 deferred compensation plan?

The main purpose of an IRS Section 457 plan is to provide a tax-deferred savings opportunity for employees of state and local governments, and tax-exempt organizations, to help them accumulate retirement savings.

How do I contribute to an IRS Section 457 plan?

You can contribute to an IRS Section 457 plan through payroll deductions, which allow you to set aside a portion of your salary on a pre-tax basis.

Can I withdraw funds from an IRS Section 457 plan at any time?

No, distributions from an IRS Section 457 plan are generally not permitted until you separate from service or reach age 70 1/2, although some plans may offer loans or hardship withdrawals.

Are IRS Section 457 plans subject to ERISA?

No, IRS Section 457 plans are not subject to the Employee Retirement Income Security Act of 1974 (ERISA), although they are still subject to certain federal laws and regulations.

Can I roll over an IRS Section 457 plan distribution to an IRA?

Yes, you can roll over an IRS Section 457 plan distribution to an IRA or another eligible retirement plan, which can help to minimize taxes and preserve your retirement savings.

How do I choose the right investment options for my IRS Section 457 plan?

You should consider your individual financial goals, risk tolerance, and time horizon when selecting investment options for your IRS Section 457 plan, and may want to consult with a financial advisor for guidance.